Mulberry v. Commonwealth

STEWART, Judge.

Paul Mulberry, tried by a jury, was fined $325 for removing a fence from a boundary line in violation of KRS 433.770(2). He represented himself until this appeal was taken. No transcript of evidence is filed with us and no motion for a new trial was made in the trial court.

His first contention is that a fence does not constitute a monument within the meaning of KRS 433.770(2). This statutory subsection provides, in part: “Any person who willfully and knowingly, but without a felonious intent, breaks down, damages or removes any monument erected to designate * * * the boundaries…