Harberger v. State

The defendant was charged by indictment with a felony, to wit, the theft of 700 rails, valued at $5 per hundred. He was tried, and was convicted of a misdemeanor, and took an appeal to this court. There are *27only three questions raised on the record which we deem it necessary to notice in this opinion.

The evidence shows that the rails taken by the defendant were the property of William Spracklin, the person named in the indictment as the owner, and were taken from his fence. It is insisted on the part of the defendant that the act proven (if any) was not a theft, but only a trespass; that the…