State v. Tiffany

This is an appeal from an order sustaining a motion in arrest of judgment after verdict, and discharging the defendants on the ground that the facts charged in the information do not constitute a crime or misdemeanor. The information, omitting formal parts, is1 as follows:

“That they, the said R. K. Tiffany and J. A. Driscoll, in Kittitas county, state of Washington, on or about the seventeenth day of August, 1905, then and there being, did then and there unlawfully and wilfully make and cause to be made *603an aperture in a structure known as a dam, erected in and across the Cle Elum river, at…