Maskill v. State

This was an indictment for unlawfully cutting timber upon land belonging to the United States. Motion to quash overruled; plea, not guilty; conviction and fine by the Court.

The indictment charges that Samuel Maskill, on, &c., at, &c., “did then and there unlawfully cut a certain timber-tree, to wit, one oak tree,” &c., “for the purpose of making merchandise of the same,” &c. It does not show that the tree alleged to have been cut was removed or converted into merchandise. The section of the statute (R. S. 1843, s. 73, p. 976) upon which this indictment is based, enacts that “ every person who…