Commonwealth v. McChord

On the trial of an indictment against William D. McChord, Silas Tribble and John Summers, for obstructing a highway, the Commonwealth having proved that each of them, owning separate parcels of land on the road, had extended his fence upon it, each in a different place, but all within the boundary designated in the indictment, — the circuit court, being of the opinion that the defendants were jointly, and not severally, charged,, instructed the jury to find “ as in case of a nonsuiton the ground, that there was a fatal variance between the indictment and the proof. The jury having accordingly…