State v. Hurley

• Indictment. “ Then and there.” The rule is that when one fact is alleged in an indictment with time and place, the words “then and there,” subsequently used, as to the occurrence of another fact, refer to the same point of time, and necessarily import that the two were co-existent.

On exceptions from superior court, Cumberland county. After verdict against the defendant, he filed a motion in arrest of judgment for reasons which sufficiently appear in the opinion. The motion was overruled by the presiding justice, and the defendant excepted. (Indictment.) "State of Maine. Cumberland, ss. At the superior court, begun and holden at Portland, within and for the county of Cumberland, on the first Tuesday of September, in the year of our Lord one thousand eight hundred and seventy-nine, the grand jurors for said State, upon their oath present, that Patrick Hurley, of said Portland, laborer, on the twenty-eighth day of June, in the year of our Lord one thousand eight hundred and seventy-nine, at Deering, in said county of Cumberland, with force and arms, the dwelling house of one Catherine Connors there situate in the night time feloniously, willfully and maliciously did set fire to with intent to burn the same, and the said dwelling house was thereby then and there burnt and consumed against the peace of said State, and contrary to the form of the statute in such case made and provided. A true bill, Jas. N. Bead, Foreman.” cited State y. Taylor, 45 Maine, 322 ; State v. Hill, 55 Maine, 365 ;. State v. Watson, 63 Maine, 128. The indictment starts with a description of the highest grade' of the offence, the setting fire in the night time, but does not continue it by an allegation, or its equivalent, that the burning was in the night, and so is not complete and sufficient. Heard Crim. PL 87 ; Hdwards v. Commonwealth, 19 Pick. 124 ; Davis-v. The Queen, 10 B. & C. 89. "Then and there” relate to day of the month and place.