State v. Weeks
30 Me. 182
Me.
1849
Check Treatment
Shepi.ky, C. J. orally.

— There was error in the instruction, that it was of no importance whether Weeks owned the dam or not, also in the instruction, that the defendant might be convicted, although the dam was not owned by Morse. The ownership by Morse, being alleged, must be proved. The in*184struction dispensed with such proof, and authorized a conviction, even if the dam was not owned by Morse, but was owned by Weeks himself. Exceptions sustained.