State v. Noble
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Smith J. pre* siding. Noble was indicted for fraudulently and wilfully taking from the JCennebec River and converting to his own use certain logs.
Read the full summary
Exceptions from the Court of Common Pleas, Smith J. pre* siding. Noble was indicted for fraudulently and wilfully taking from the JCennebec River and converting to his own use certain logs. He was found guilty on the first count only, thus describing the log; “ One pine log marked H X W, of the value of three dollars, of the goods and chattels of J. D. Brown, Charles Mclntire and John Wdch, and not the property of said Noble” The evidence applied entirely to a pine log marked “ W X H X with a girdle,” or circle cut round it. Brown testified, that one of their logs, partly sawed into blocks,…
1Opinion of the Court
The case was continued, and the opinion prepared by
Weston C. J.
It may be regarded as a general rule, both in criminal prosecutions and in civil actions, that an unnecessary averment may be rejected, where enough remains to show, that an of-fence has been committed, or that a cause of action exists. In Ricketts v. Solway, 2 Barn. & Ald. 360, Abbott C. J. says, “ there is one exception however to this rule, which is, where the allegation contains matter of description. Then if the proof given be different from the statement, the variance is fatal.” As an illustration of this exception, Starkie…
2Cited by19 opinions
- Greer v. StateIndiana Supreme Court · 1875
- State v. SanbornSupreme Judicial Court of Maine · 1961
- Haupt v. StateSupreme Court of Georgia · 1899
- Territory of Montana v. RowandMontana Supreme Court · 1888
- Alderman v. StateSupreme Court of Florida · 1924
14 more not listed; retrieve them via the Exa API.