Updegraff v. Commonwealth
Supreme Court of Pennsylvania
In Error. IN the Court of Quarter Sessions.of Dauphin county, to which this was a writ of error, the following indictment was r j lOUna. October Session, 1819. Dauphin county, ss.
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In Error. IN the Court of Quarter Sessions.of Dauphin county, to which this was a writ of error, the following indictment was r j lOUna. October Session, 1819. Dauphin county, ss. The grand inquest of the Commonwealth of Pennsylvania, inquiring: in and for the county of Dauphin, on their solemn oaths and affirmations respectively do present, that the river Susquehanna is, and hath been, a common stream and public highway from and before the first day of August, eighteen hundred and nineteen, and until the taking of this inquisition, passing and flowing in and through the township of…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
It is necessary to express an opinion on but one of the errors assigned, as it is clear the offence charged is not laid with sufficient certainty.' The indictment is not for a nuisance at common law, but is grounded on an act of assembly. On this subject, there are two acts, distinct in their provisions, and not, as contended, in pari materia. That of the 9th March, 1771, imposes a penalty of five pounds, (which by the supplement of the 31st March, 1785, is increased to ten pounds,) on any person “ who shall erect, build, set up, repair, or…
2Cited by1 opinion
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