A statute comprising but one section closed with the following proviso: " Provided, however, that nothing herein contained shall be construed to prevent innkeepers, grocers, or other persons from pursuing their ordinary business at their usual place of doing business, nor to prevent any person from selling victuals in his usual place of abode:" Held, that the negative averments of a criminal complaint referring to this proviso must be proved by the State. The "Rhode Island and Eastern Connecticut Advent Christian Conference" was in a criminal complaint miscalled the "Rhode Island, Easton, Connecticut Advent Christian Conference:" Held, a clerical error, and no ground for quashing the complaint. In a complaint under Public Laws R.I. cap. 629, March 30, 1877, the State must prove that the society holding the meeting was a religious society.
PER CURIAM.
We think the defect in the name of the society was clerical merely and not such as to mislead, and, therefore, not a ground for quashing the complaint. We think a camp meeting is ex vi termini a religious meeting, and, therefore, inasmuch as the society named is alleged to be a religious society, that it was not necessary to allege that the meeting was held for a "purpose connected with the object for which the society was organized," that being implied. The first two exceptions are therefore overruled. But, on the other hand, we do not think the government was entitled to a verdict of guilty against the defendant without proving that the society named was a religious society, and that the meeting which it was holding was a camp meeting, or without proving the negative averments of the complaint, they being in our opinion essential parts of it. The other exceptions are, therefore, sustained.
New trial granted.