Hall's case , 5 Me. 409 ( 1828 )

The Court

said that without deciding upon the validity of all the objections, they were clearly of opinion that the want of an averment in the complaint that the trees were cut by the defendant, without the license or consent of the owner, was fatal. It was necessary ihat every material fact, constituting the guilt of the defendant, should be distinctly alleged. Little v. Thompson 3, Greenl. 228.