State v. Burgess
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Rice, J., presiding. Indictment against defendants, charging them that “ at Belgrade, in said county of Kennebec, on the eighth day of June, in the year of our Lord one thousand eight hundred and fifty-four, did maliciously and wantonly break down, injure, remove and destroy a certain portion of a stone dam, then and there erected on Chandler stream, so called, the property of one Marcellus Chandler and of one Samuel Goodridge, of the value of…
Read the full summary
On Exceptions from Nisi Prius, Rice, J., presiding. Indictment against defendants, charging them that “ at Belgrade, in said county of Kennebec, on the eighth day of June, in the year of our Lord one thousand eight hundred and fifty-four, did maliciously and wantonly break down, injure, remove and destroy a certain portion of a stone dam, then and there erected on Chandler stream, so called, the property of one Marcellus Chandler and of one Samuel Goodridge, of the value of five hundred dollars,” $*c. The defendants moved the Court to quash the indict* ment, because it charged two offences in…
1Opinion of the CourtRice, J.
By § 2, of c. 162, R. S., it is provided that if any person shall maliciously or wantonly, break down, injure, remove or destroy any dam, reservoir, canal, trench, or any of the appurtenances thereof, he shall be punished, &c.
The respondents were indicted under this section. The indictment charges, that the defendants did “maliciously and wantonly break down, injure, and destroy a certain portion of a stone dam.” At the trial, the Court instructed the jury that, if they were satisfied the acts charged were done maliciously or wantonly, they would return a verdict of guilty.
It is contended…
2Cases cited3 opinions
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Hinkle v. CommonwealthCourt of Appeals of Kentucky · 1836
- State v. KunsIndiana Supreme Court · 1840
3Cited by3 opinions
- Mills v. StateIndiana Supreme Court · 1875
- People v. MackinAppellate Court of Illinois · 1910
- State v. MattisonNorth Dakota Supreme Court · 1904