State v. Hyde
Supreme Court of Connecticut
IN ERROR. This was an information, filed by the attorney for the state, in the county court of New-London county, against William Hyde, for a nuisance, in erecting on a public highway in the borough of Stonington, a building, by which, as the information alleged, the highway was narrowed and incumbered, and the passage of travellers obstructed and endangered. After a trial, on the plea of not guilty, a verdict was found against the defendant.
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IN ERROR. This was an information, filed by the attorney for the state, in the county court of New-London county, against William Hyde, for a nuisance, in erecting on a public highway in the borough of Stonington, a building, by which, as the information alleged, the highway was narrowed and incumbered, and the passage of travellers obstructed and endangered. After a trial, on the plea of not guilty, a verdict was found against the defendant. He then moved in arrest of judgment, on the ground that the court had not jurisdiction of the offence charged. The court sustained the motion and…
1Opinion of the CourtHuntington, J.
Had the county court jurisdiction of the offence charged in the information ? This is the only question presented by the record. Several points are not contested between the parties. It is agreed, that the acts complained of, constitute an offence at common law, denominated a public nuisance, which is indictable. 1 Hawk. P. C. c. 75. s. 14. The King v. Stead, 8 Term Rep. 142. The King v. Russel, 6 East, 426. 4 Bla. Com. 126. It is punishable at common law, by fine and imprisonment. The latter is not now inflicted. If the proceedings state the nuisance as existing, it is a part of the…
2Cases cited2 opinions
- State v. KnappSupreme Court of Connecticut · 1827
- State v. SmithSupreme Court of Connecticut · 1829
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