Clayton’s Notebook, 122
Court of Quarter Sessions of Delaware, Kent County.
May, 1819.
Page 618
The defendant’s counsel, Thomas Clayton and J. M. Clayton,
insisted that as the indictment laid the felony to have been committed on December 10th, and the loss of part of the property had been proved on that day, no other loss on a subsequent day could be proved. An indictment laying the loss to have occurred diversis diebus et victims would be ill, and nothing can be proved which could not have been averred.
CHIEF JUSTICE BOOTH said the Court decided this against us now.
Verdict guilty, on slight evidence.
The counsel filed motion in arrest of judgment, because the indictment had not concluded “against the peace and dignity of the State.” (State Constitution, Hawk and Bacon, 2 Hale P.C. 188, 1 Chit.Cr.L. 247.)
Rogers, Attorney General, gave up the point, saying the error was clearly fatal, and the judgment was arrested.
PER CURIAM.
Let the former recognizance be respected.
NOTE. The point on which judgment was arrested was made before the jury, but the Court said it was improper there, for, if successful, defendant could not be indicted again.