Page:United States Reports, Volume 1.djvu/346

Rh 

1788.

HE Defendant had been convicted in the county of Berks upon an indictment ƒor maliciouʃly, wilƒully, an wickedly killing a Herʃe: and upon a motion in arreft of Judgment, it came on to be argued, whether the offence, fo laid, was indictable?

Sergeant, in fupport of the motion, contended that this was an injury of a private nature, amounting to nothing more than a Trefpafs; and that to bring the cafe within the general rule of

ments 