24 Me. 232 | Me. | 1844
The opinion of the Court was made known in June, 1845, as drawn up by
This indictment is at common law, and alleges that the Penobscot river, between the towns of Orono and Hampden, for more than twenty years next preceding, had been a navigable river and an ancient and common highway for the passage and navigation of boats, rafts and craft, at the pleasure of ail the good citizens of this State, and charges the defendants with having erected thereon a darn of certain dimensions across said river, to the damage and injury of the citizens of the State, in exposing to destruction their boats, rafts and craft, in their passage upon said river, and to their common nuisance, &c. A verdict of guilty having been rendered by the jury, the defendants have filed a motion in arrest of judgment, on the ground, that no offence is charged in the indictment.
It is a well established principle, that if all the facts alleged in an indictment may be true, and yet constitute no offence, the indictment is insufficient. A verdict does nothing more than to verify the facts charged, and if these do not show the party guilty, he cannot be considered as having violated the law. Rex v. Lyme Regis, Dougl. 153; Commonwealth v. Odlin, 23 Pick. 275. In Rex v. Horne, Cowper, 672, Lord Chief Justice De Grey lays down the rule thus. “ The charge must contain such a description of the crime, that the defendant may know what crime it is, which he is called upon to answer; that the jury may appear to be warranted in their conclusions of guilty or not guilty upon the premises delivered to them, and that the Court may see such a definite crime, that they may apply the punishment, which the law prescribes.” A defective indictment is not aided by verdict, and a judgment may be arrested thereon. 4 Bl. Com. 375.
The indictment refers to no exception, consequently does not negative the erection as being within the charter granted ; there is no allegation, that the dam was placed beyond the limits prescribed, or that any of the provisions mentioned in the proviso were not followed. The charge is for making those erections, that are fully authorized by the statute, which Courts are bound officially to notice as a part of the public law of the land. The question then is presented, whether the indictment should allege, that the dam was not erected in pursuance of the authority of the statute, or whether the privilege conferred thereby should be pleaded by the defendants.
When an offence is created by statute and there is an exception in the enacting clause, the indictment must negative the exception. But if there be a proviso, which furnishes matter of
The indictment is not in conformity to established rules of criminal pleading, and
Judgment is arrested.