Commonwealth v. Powell

JUDGE HARDIN

delivered the opinion oe the court.

This appeal is prosecuted by the commonwealth to reverse a judgment dismissing upon demurrer an indictment against the appellee, charging him with “the offense of taking and carrying away property not his own without felonious intent;” the specific accusation laid in the indictment being that “the said Alfred Powell, on the 6th day of March, 1869, in the county aforesaid, unlawfully and without felonious intent destroyed, injured, and carried away timber from four trees on the premises belonging to John W. Wash, which said property belonged to…