State v. Inhabitants of Milo

32 Me. 55

Opinion

Tenney, J.,

orally.—The indictment alleges the highway to extend into thee towns, and that “ the said road or that part of it in Milo” is out of repair. This alternative form of allegation is insufficient. The indictment may all be true, and yet Milo be in no fault. The defective part of the road may be in the other towns. No fine could be ordered.

Judgment arrested.