People v. Sands
New York Supreme Court
THE defendants were indicted in Kings County for keeping a nuisance. The indictment contained two counts. The first states, that the defendant, on the 10th day of Aprils 1804, and on divers other days and times, between that day and the day of taking the inquisition, with force and arms, at Brooklyn, &c. near the dwelling houses of divers good citizens of the State, and also, near a certain public street, there did keep, and still keep and maintain, a certain ‘house, and…
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THE defendants were indicted in Kings County for keeping a nuisance. The indictment contained two counts. The first states, that the defendant, on the 10th day of Aprils 1804, and on divers other days and times, between that day and the day of taking the inquisition, with force and arms, at Brooklyn, &c. near the dwelling houses of divers good citizens of the State, and also, near a certain public street, there did keep, and still keep and maintain, a certain ‘house, and then and there, on &c. unlawfully and injuriously, in the said house, did receive and keep, and still keep, 50 barrels of…
1Opinion of the CourtSpencer, J.
On the part of the defendants, it has been contended,
1. That to keep powder under the circumstances stated in the Indictment is not a nuisance.
2. That the offence consists only in its being carelessly kept.
It is a settled principle in the criminal law, that nothing can be intended in support of an indictment; and é con-verso, nothing can be intended, after a trial and conviction, against the facts charged, or that they exist otherwise than they are stated. I dismiss, therefore, all that was said relative to the great security of the house in which this powder was kept, as also every…
2Cited by22 opinions
- Wilson v. Phoenix Powder Manf'g Co.West Virginia Supreme Court · 1895
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
- Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896
- State v. MooreSupreme Court of Connecticut · 1863
- Hackney v. StateIndiana Supreme Court · 1857
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