Respublica v. Arnold
Supreme Court of Pennsylvania
An indictment was found against the defendant, for a nuisance, in May sessions 1801, as follows : Bedford county, ss. The grand inquest for the county of Bedford, upon their oaths and affirmations respectively, do present, that Peter Arnold, late of the county aforesaid, yeoman, the 22d day of April in the year of our Lord 1801, with force and arms, &c. at the townships of Coleraine and Providence, in the county aforesaid, and within the jurisdiction of this court, a certain…
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An indictment was found against the defendant, for a nuisance, in May sessions 1801, as follows : Bedford county, ss. The grand inquest for the county of Bedford, upon their oaths and affirmations respectively, do present, that Peter Arnold, late of the county aforesaid, yeoman, the 22d day of April in the year of our Lord 1801, with force and arms, &c. at the townships of Coleraine and Providence, in the county aforesaid, and within the jurisdiction of this court, a certain ancient watercourse, called the Raystown branch of Juniata, and a certain other ancient water-course called Dunning’s…
1Opinion of the Court 1
And now, November 18th, 1802,
2Opinion of the Court · YeatesYeates, J.
The first reason in arrest of judgment is, that the indictments do not state with certainty where the nuisance was, nor how far in length or breadth the water stood in the road.
On this head it was urged, that every indictment ought cer*420tainly to shew to what part of the highway the nuisance extended, as by shewing how many feet in length, and how many feet in breadth it contained. 1 Hawk. c. 76, § 88. Cites 2 Rol. Abr. 181. Cro. Jac. 324. Latch 183. But in Rex v. Smith, Trin. 27 Geo. 2. Sayer 98, it was determined, that it is not necessary to set out the length and…
3Cited by11 opinions
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- Commonwealth v. SchulerSuperior Court of Pennsylvania · 1945
- Horner v. StateCourt of Appeals of Maryland · 1878
- Phillips v. Connellsville & State Line Ry. Co.Supreme Court of Pennsylvania · 1915
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