Ti-iis was a complaint and warrant, carried by appeal from the Court of Magistrates of Providence, to the Court of Common Pleas, and brought to the consideration of this Court by exceptions taken to a ruling of that Court upon a motion in arrest of judgment.
Good law ✅— No negative treatment on recordhow we know
Decided 1855-09-06
How this case has been cited
Cited by 8 later decisions — most recently March 1963
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
delivered the opinion of the Court, in which the two points made in support of the exceptions were treated of, and the Court’s conclusions concerning them embodied.
¶2
The section of the act cited and discussed, it was said, must be construed to create and define several distinct offences, and not one offence only, as contended on behalf of the government: for in structure and phraseology it was in all essentials identical with certain sections of former acts relating to the same subject, which the Court had uniformly regarded as defining several of-fences. And as to the manner and form of charging an offender under such a section, it was said, that in view of the authorities cited, especially of the MSS. case from Massachusetts, the case from Connecticut, 4th Burrows and Hawkins, the Court could not but hold that it is essential to employ the copulative
and,
and that the rise of the disjunctive
or,
as in the warrant excepted to, is an error, which, on a motion in arrest, the Court must adjudge a sufficient ground for the motion.
