State v. Virt

Indictment for a nuisance created by obstructing a public highway. Indictment quashed, on the ground that a later statute than that upon which the indictment is based, inflicts a penalty for the offense recoverable at the suit of the road-supervisor, before a justice of the peace. The indictment is grounded on the 65th section of the chapter on crimes and punishments. R. S. 1843, p. 974. The subsequent act, inflicting a penalty, was passed in 1849. Acts 1849, p. 116, s. 121.

We think this latter act furnishes a cumulative remedy, and that either it or the former one may be pursued.

In a note to…