Pat. Delany v. Corporation of Washington

Pat. Delany v. Corporation of Washington. Upon appeal from the judgment of a justice of the peace, for the penalty of a by-law, the judgment will be reversed with costs, if the warrant does not set forth the offence with sufficient certainty. A warrant, charging that the defendant11 did during the last or present month, sell spirituous or other liquor without a license, contrary to the act, or acts of the mayor, &c., on that subject made and provided,” is too va¿he and uncertain to support a conviction. This was an appeal from the judgment of a justice of the peace for a penalty of $20. The warrant commanded the constable to take Pat. Delany, &c., to answer to the Mayor, Board of Aldermen, and Board of Common Council, &e., in a plea that he render to the said Mayor, &c., the full sum of $20, which to the said Mayor, &c., “ he owes and unjustly detains, for that he the said Delany did, during the last or present month, sell spirituous, or other liquor, without a license, contrary to the act or acts of the said Mayor, &c., on that subject made and provided.” Mr. Jones, for the appellant, contended that the offence is not set forth with sufficient certainty, and cited the case of Barney v. The Coryoraiion of Washington, in this Court, at July term, 1805, (1 Cranch, C. C. 248.) [MAJORITY — The Court] The Court (Thruston, J., contra,) decided that the warrant was too uncertain, and reversed the judgment with costs. See also White v. Corporation of Washington, at October term, 1822, (ante, 337,) and Boothe v. The Corporation of Georgetown, at the same term, (ante, 356.)