Legal Opinion

State v. Whittier

Supreme Judicial Court of Maine

Decided May 15, 1842PublishedCited by 16 opinions

Exceptions from the Middle District Court, Rehington J. ¡presiding. This was an indictment against the defendant, containing two counts. The first count alleged that the defendant on the 20th of April, 1841, beat in the windows and broke the glass of a building, being a dwellinghouse, the property of one David W. Jackman, and that said Whittier had not the consent of the owner of said house for the doing said injuries.

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Exceptions from the Middle District Court, Rehington J. ¡presiding. This was an indictment against the defendant, containing two counts. The first count alleged that the defendant on the 20th of April, 1841, beat in the windows and broke the glass of a building, being a dwellinghouse, the property of one David W. Jackman, and that said Whittier had not the consent of the owner of said house for the doing said injuries. The second count was like the first, except it was alleged that the said house was the property of Jacob Butterfield. The county attorney admitted, that both counts were for…

1Opinion of the Court

The opinion of the Court was drawn up by

Siiepley J.

— The statute, 1825, c. 312, provided, “thatif any persons shall wilfully and maliciously injure or destroy any building or other fixture, not having the consent of the owner thereof,” he may on conviction be punished by fine or imprisonment. This indictment alleges in the first count, that the accused “ beat in the windows and broke the glass of a building, being a dwellinghouse, the property of one Daniel W. Jackman,” and that he had not the consent of the owner *346therefor. In the second count, the house is alleged to be the property of Jacob…

2Cases cited2 opinions

  1. United States v. HaywardU.S. Circuit Court for the District of Massachusetts · 1815
  2. Commonwealth v. HutchinsonMassachusetts Supreme Judicial Court · 1813

3Cited by16 opinions

  1. State v. KingSupreme Court of Iowa · 1902
  2. United States v. BrokawDistrict Court, S.D. Illinois · 1945
  3. State v. RoweSupreme Judicial Court of Maine · 1968
  4. State v. ReddingtonSouth Dakota Supreme Court · 1895
  5. State v. OrlandoSupreme Court of Connecticut · 1932

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