Legal Opinion

State v. McCallister

New York Court of General Session of the Peace

Decided March 15, 1909PublishedCited by 4 opinions

Indictment for Malicious Mischief (No. 20, January Term, 1909). The material parts of said indictment are set out in the charge of the Court.

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Indictment for Malicious Mischief (No. 20, January Term, 1909). The material parts of said indictment are set out in the charge of the Court. When the case came on for trial, counsel for defendants demurred to the indictment, assigning the following causes: “ 1. That it does not appear that the said four poles, commonly called telegraph poles were erected and standing at a place where the said poles might be lawfully erected and stood by the said, The Western Union Telegraph Company, “2. That it does not appear that the said four poles, commonly called telegraph poles were not erected and…

1Opinion of the Court

Boyce, J.,

charging the jury:

Gentlemen of the jury:—The defendants, Calvin C. McAllister and William G. Little, are indicted for the offense commonly known as malicious mischief.

The indictment contains seven counts, the first of which is as follows:

“The Grand Inquest for the State of Delaware and the Body of New Castle County on their oath and affirmation, respectively, Do Present, that Calvin C. McAllister, late of Mill Creek Hundred in the County aforesaid, and William G. Little, late of Mill Creek Hundred in the County aforesaid, on the sixth day of *303October in the year of our Lord one…

2Cited by4 opinions

  1. State v. PritchettSuperior Court of Delaware · 1961
  2. NBoard of Immigration Appeals · 1959
  3. Schwartz v. StateSupreme Court of Delaware · 1936
  4. State v. WrightNew York Court of General Session of the Peace · 1911

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