State v. Webster

Decided December 15, 1845

Superior Court of New Hampshire · decided 1845-12-15

Indictment, charging that the defendant willfully and maliciously cut a rope, on which a national flag was suspended, the property of William P. Frost and others, to the injury of the rope and banner, and contrary to the statute, &c. To this indictment the defendant demurred generally.

Decided 1845-12-15

Gilchrist, J.

¶1This is a plain ease. By the Revised Statutes, chapter 215, section 18, if any person shall willfully and maliciously commit an act, whereby the real or personal property of another shall be injured, such person shall be punished, &e.

¶2The indictment charges that the defendant willfully and maliciously cut oft’ a rope, having a banner attached to it, by means of which willful and malicious cutting oftj as aforesaid, the rope and banner, being both of them the property of the persons named in the indictment, were greatly injured.

¶3The demurrer confesses that all the allegations in the Indictment are true. They appear to be formally stated, and no reason appears why there should not be judgment for the State.

¶4Judgment for the State.