Smith v. State

Appellants were indicted by the Marion County grand jury for malicious trespass.

The indictment charged that on April 10, 1937, defendants unlawfully, maliciously and mischievously injured a window glass belonging to the Marionel Realty Company to its damage of $49.00.

The jury returned a verdict of guilty and judgment was rendered accordingly.

The record discloses that certain non-union barber shops had been the object of attack for some time. The nature of these attacks was to break out the front windows by means of rocks hurled against them. Indianapolis police officers were assigned to…