
    Hotchkish v. Tuttle.
    In a prosecution upon the statute, for damage done in the night season, the facts and the defendant must he directly charged in the complaint.
    EeeoR to reverse a judgment of a justice iu a prosecution, qui tarn, upon the statute against unseasonable night walking, brought by Tuttle against Hotchkish; complaining, that in the night season of the night next after the 30 th of August last, he had fifty watermelons taken from him; and that he had good reason to suspect that Ambrose Hotchkish was the person who did said damage, etc. praying process against him. To which complaint the defendant appeared and plead not guilty. The justice found him guilty and gave judgment against him, for £1 16s. damages, and that he should pay a fine of ten shillings lawful money.
    Error assigned — That said complaint was insufficient.
   Judgment — Manifest error. See the case of Tracy v. Larabee, adjudged at New London, March Term, A. I). 1791, and affirmed in the Supreme Court of Errors.  