State v. Weeks

30 Me. 182 | Me. | 1849

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 instruction 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.