State v. Weeks
Supreme Judicial Court of Maine
Exceptions from the District Court, Rice, J. presiding. Indictment for maliciously- breaking down, injuring and destroying a reservoir dam, the property of Andrew Morse, Jr., erected for the purpose of maintaining a head of water for the use of his mills; to the injury of said Morse.
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Exceptions from the District Court, Rice, J. presiding. Indictment for maliciously- breaking down, injuring and destroying a reservoir dam, the property of Andrew Morse, Jr., erected for the purpose of maintaining a head of water for the use of his mills; to the injury of said Morse. Evidence was introduced, tending to show, that the defendant had some cause to believe that he himself owned the dam, and had the right to control it; and that, needing the water for the use of a mill which he owned on the stream below, he opened the bulkhead and let down some water. There was no other injury…
1Opinion of the Court
Shepi.ky, C. J. orally.
— There was error in the instruction, that it was of no importance whether Weeks owned the dam or not, also in the instruction, that the defendant might be convicted, although the dam was not owned by Morse. The ownership by Morse, being alleged, must be proved. The in*184struction dispensed with such proof, and authorized a conviction, even if the dam was not owned by Morse, but was owned by Weeks himself. Exceptions sustained.
2Cited by1 opinion
- United States v. HutchinsonDistrict Court, D. Maine · 1868