
    The State v. J. O’Bannon.
    Columbia,
    Jan. 1829.
    In an indictment under the third section of the St. 4 & 5 P & M. c. 8, for taking away a young woman under the age of 16 years, against the consent of her parents, it is necessary to state that the defendant was above the age of 14 years, and that the person taken away was a maid or woman child: It is not sufficient to describe the latter by her name, vide P. L. 60.
    In setting out an offence against a statute, the defendant must be brought within all the material words of the statute: and nothing can be taken by intendment.
    An indictment must not charge the offence disjunctively. An allegation, that the defendant “ did take and convey away, or cause to be taken and conveyed away,” &c. held bad on motion in arrest of judgment.
    The St. 4 & 5 P. & M c. 8, against taking away maidens, or marrying them without consent of their parents, is of force in this State, vide State v. Findlay, 2 Bay, 418, S. P.
   Per

Johnson, J.

on motion in arrest of judgment, after trial before Mr. Justice Huger, at Barnwell, Fall Term, 1827.

Nott, J. and Colcock, J. concurred.  