State v. Jester , 2 Del. 531 ( 1835 )

Obstruction of road; variance between proof and indictment as totermini, fatal.

In an indictment for obstructing a road a misdescription, though immaterial, is fatal: the termini must correspond with the description given in the indictment; the allegation is descriptive, and though it may not be material to state it in the indictment; if it be stated, it must be proved as laid. State vs. Jester. Kent, Oct. Sessions, 1835.