5 S.C.L. 139
Supreme Court of South Carolina
Decided April 15, 1813
Supreme Court of South Carolina · decided 1813-04-15
Motion in arrest of judgment. Defendant was indicted and tried in the Court of General Sessions of the district of Spartanburgb, before Smith, J., for marldng the prosecutor’s, hogs in the mark of the said Roberts, contrary to thé A. A. The indictment did not charge the defendant in the words of the A. A. 1789, with having “wilfully and knowingly marked, branded, disguised, or disfigured.” P. L. 486. insisted, that the indictment was insufficient.
Decided 1813-04-15
¶1was opposed to arresting the judgment; but was of opinion a new trial ought to be granted, the dispute between the parties being about the right of property, and the case not being within the A. A.
¶2and the other judges, were for arresting the judgment, the offence not being charged in the indictment according to the A. A.