State v. Aydelott

— This was a prosecution for a malicious trespass. The indictment charged that the defendant did “ maliciously and mischievously injure and cause to be injured a *158certain house, the property of one William MS Mahon? situate, &c., “of the value of fifty dollars, to the damage of the said William McMahon five dollars, contrary to the form of the statute,” &c. The Court, on the motion of the defendant, quashed the indictment.

W. A. Porter, for the state. J. W. Payne, for the defendant.

We think the decision was right. The description of the offence is too vague. It is true, that in describing the…