State v. . Tomlinson

The defendants, Wiley, Frank, John, and Buck Tomlinson, were indicted as follows:

"The jurors, etc., present, that (defendants) did . . . unlawfully and willfully fell trees and place obstructions in the mill-race below the mill of one C. F. Finch, the same being a natural passage for water, but not navigable for flats or rafts, whereby the natural flow of water through said mill-race was retarded, contrary," etc. Upon motion of defendants' counsel, his Honor quashed the bill of indictment, and Moore, solicitor for the State, appealed. The bill of indictment cannot be held to embrace the…