An indictment will not lie for taking up and removing a corner-stone in the boundary line between A. and B. with intent to injure and endamage the said B.
Summary
An indictment was found against Burroughs, at the Gloucester sessions, in June, 1800, for that “with force and arms, &c., a certain corner-stone erected and placed in the boundary line between the lands of Robert Rowan and Charles Collins, situate, lying and being in the township of Waterford, in the county, and within the jurisdiction aforesaid, wilfully, maliciously and unlawfully, then and there did take up, remove and carry away from the boundary line aforesaid, with intent to injure and endamage the said Charles Collins, against the peace of this state, the government and dignity of the same.”
To this indictment, the defendant, at the October Oyer and Terminer, pleaded not guilty, and, after conviction and judgment, assigned for error, “ that the indictment contained matter of civil action, but not matter criminal and indictable.”
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Opinion of the Court
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Per Curiam.
The judgment of the sessions must be reversed. The offence charged is exclusively a private injury, and in no way concerns the public farther than any other private wrong. The cases cited from Burrows are strongly in point, and on the authority of them we are for reversing the judgment.
Judgment reversed.
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