State v. Jester

Superior Court of Delaware

State v. Jester

2 Del. 531

DecidedOctober 5, 1835

StatusPublished

This text of 2 Del. 531 (State v. Jester) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

2 Del. 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jester-delsuperct-1835.