State v. Jester

Superior Court of Delaware

State v. Jester

2 Del. 531

Superior Court of Delaware·Decided October 5, 1835·Published

Opinion

Obstruction of road; variance between proof and indictment as totermini, fatal.

In an indictment for obstructing a road a misdescription, though immaterial, is fatal: the termini must correspond with the description given in the indictment; the allegation is descriptive, and though it may not be material to state it in the indictment; if it be stated, it must be proved as laid. State vs. Jester. Kent, Oct. Sessions, 1835.

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Obstruction of road; variance between proof and indictment as totermini, fatal.

In an indictment for obstructing a road a misdescription, though immaterial, is fatal: the termini must correspond with the description given in the indictment; the allegation is descriptive, and though it may not be material to state it in the indictment; if it be stated, it must be proved as laid. State vs. Jester. Kent, Oct. Sessions, 1835.

State v. Jester, 2 Del. 531 (Del. Ct. App. 1835).

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