Clark v. State

Plaintiffs, G-abe and Elden Clark, were jointly indicted, tried, and convicted on a charge of criminal trespass. The first count in the indictment charges that the defendants “unlawfully, willfully, knowingly, and wantonly did cut down and destroy valuable timber, of the value of $25, on the lands of C. E. L. Smith,” etc.

The second count makes the same charge, and, in addition thereto, states that the timber was cut down with a view to convert the same to their own use, and that they were not traveling or moving along any road and by accident or otherwise required the same for their immediate…