Halsey's case, 1 N.C. 183, 1 Mart. 183 (1793)

1793 · United States Circuit Court for the District of North Carolina

1 N.C. 183, 1 Mart. 183

*Halsey's case.

Mich. 2 Car.

HALSEY was indicted: quod apud Kensington, cum quodam muro coctili, obstupavit altam viam regiam ducentein de London, ad Kinsington: and the indictment was quashed by Jones, J. and Whitlock, J. (absente Doderidge, J.) For the stopping is alledged at Kensington, and the way is alledged to be from London to Kensington: thus Kensington is excluded, as a lease for three years from Michaelmass, excludes Michaelmass.

On another day another indictment was reversed for the same reason by Doderidge, J. and Whitlock, J.

Halsey was indicted on another indictment, and the stopping was alledged to be in alta via regis in K. but without alledging any abuttals, as from such a town to such a town.

Jones, J.

It is well enough in the case of an indictment for stopping de alta via. But if it had been for stopping a common way, they ought to have said ducentem, from such a vill to such a vill.

Whitlock, J. e contra. For it cannot appear what did nusance is.

And on another day, Whitlock, J. and Doderidge, J. concurred with Jones, J. because a high way leads from the sea through all England.

In another indictment he was named Culielm Halsey, de Fleet-street, London, Plummer; and exception was taken that it does not appear from what ward.

Whitlock, J.

It is well, and it would have been sufficient to have said of London, Plummer. Noy 90. 2 Roll. 81.