4 Blackf. 328 | Ind. | 1837
Indictment for disinterring a corpse. The indictment charges that the defendant, on, &c., at, &c., did
This indictment, on the defendant’s motion, was quashed.
The defendant contends, that the indictment should have averred that the disinterment was without the consent of the near relations of the deceased, given before her death; but the objection is without foundation. We consider the disinterment to be indictable, if it was done without the consent of the deceased given in her life-time, or of her near relatives given subsequently to her death. Rev. Code, 1831, p. 188
The defendant further contends, that the indictment should have alleged the disinterment to be unlawful; but the term 44 unlawful” is not used in the statute, and there could be no reason for inserting it in the indictment. 1 Chitt. Crim. Law, 241.
The judgment is reversed with costs. Cause remanded, &c.
Accord. Rev, Stat, 1838, p. 213.