M'Nair v. Rempublicam
Supreme Court of Pennsylvania
Writ of error to the Quarter Sessions of Crawford county. The indictment was found in July sessions 1801, and stated, that-Robert M'Nair, &c. on the 17th day of June in the year of our Lord 1801, at the township of Waterford in the said county of Crawford, and within the jurisdiction of this court, with force of arms and a strong hand, into the messuage, tenement, and tract of land, of a certain John Vincent, then and there being the free tenement of the said John Vincent,…
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Writ of error to the Quarter Sessions of Crawford county. The indictment was found in July sessions 1801, and stated, that-Robert M'Nair, &c. on the 17th day of June in the year of our Lord 1801, at the township of Waterford in the said county of Crawford, and within the jurisdiction of this court, with force of arms and a strong hand, into the messuage, tenement, and tract of land, of a certain John Vincent, then and there being the free tenement of the said John Vincent, and upon the possession of him, the said John Vincent, did enter, and with the like force of arms, him the said John…
1Opinion of the Court
By the Court.
The indictment does not pursue the precedents and is not sufficiently certain, in describing the tract of land. There should be at least as much certainty in a criminal prosecution, as in an ejectment. A conviction on such an indictment may operate to great injustice ; and however reluctant we may be, we are constrained to determine, that the judgment must be reversed, and re-restitution awarded.
2Cited by2 opinions
- Commonwealth v. GoodmanLancaster County Court of Quarter Sessions · 1932
- Kendrick and Others v. DallumTennessee Supreme Court · 1813