State v. Kuns

-This was an indictment founded on the SSd section of the act relative to crime and punishment. ktev. Stat. 1 838. The indictment charges that the defendant, on, &c., at, &c., unlawfully, maliciously, and mischievously destroyed, and did then and there maliciously and mischievously cause to be destroyed, a certain quantity of potatoes, the personal property of one Benjanz~n Ross, pf the value of five dollars, by then and there, &c.

After a verdict of guilty, the Court arrested the judgment and discharged the defendant.

The main point relied upon by the defendant, in support of the judgment of…