24 W. Va. 809 | W. Va. | 1884
Section 45 of chapter 14 of the Acts of the Legislature of 1881, under which the defendant was indicted, is an exact re-print of section 53 of chapter 194 of the Acts of 1872-3, and also of section 47 of chapter 43 of the-Code of West Virginia, and’describes four different offences, each of which is declared to be a misdemeanor: First, any person who shall kill a tree and leave it standing within fifty feet of a road; second, or who shall, without lawful authority, knowingly and wilfully break down and destroy,.injure or obstruct any bridge, or any bench or log placed across a stream for the 'accommodation of travelers; third, or who shall destroy, injure, deface or alter, any guide-board, milestone or milepost; and fourth, or who shall obstruct or injure any road, or ditch, made for the purpose of draining a road.
This construction of the statute, renders it unnecessary in this case, to consider or decide, whether a corporation can be guilty of an offence, where the unlawful act is required to be “knowingly and wilfully” done. But inasmuch as the law is now well settled, that a corporation is liable in civil proceedings for injuries knowingly and wilfully committed by its servants acting under its authority, and is indictable for acts of misfeasance, as well as for non-feasance, we apprehend that when a proper case arises, there will be but little difficulty in applying to it, in criminal cases, for wrongful acts knowingly and wilfully committed in plain violation of law, the same rule as in civil cases.
Before the defendant could be convicted it was incumbent on the State to establish by competent evidence that “Hull’s lane road” mentioned in the indictment was at the time the same was alleged to have been obstructed, a public road; that the same had been obstructed within one year next before the finding of the indictment; and that it had been so obstructed by the defendant. Failing to prove either of these facts, the defendant was entitled to an acquittal. It follows therefore, that the defendant had the right to introduce any competent evidence, to show that neither of these facts were true. It had the right to deny and disprove any or all of
The court refused to permit the said witnesses to answer either of these questions, and this forms one of the grounds of the defendant’s bill of exceptions. The court then against the protest of the defendant’s counsel asked one of the same
As this case must be reversed for these errors it will be unnecessary to determine whether the court erred in the form of the question propounded by it to ascertain whether Hull’s lane road ivas a public road, as it is not probable the question on a new trial will be propounded in the same form, for if the form of the question ivas objectionable the objection can be easily obviated by inquiry 'whether the road had been worked, and if so, in what manner and by whom worked.
For the reasons before stated the judgment of the circuit court of Cabell county must be reversed, the verdict set aside and a new trial awarded to the defendant.
Reversed. Remanded.