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2 Del. 531

State v. Jester

Superior Court of Delaware

Decided October 5, 1835

Superior Court of Delaware · decided 1835-10-05

Decided 1835-10-05

¶1Obstruction of road; variance between proof and indictment as totermini, fatal.

¶2In 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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