Ballard v. State

CARR, Presiding Judge.

The accused was convicted on a charge of wilfully and maliciously removing, damaging, or destroying a fence, the property of Mrs. Lucille Lee. Title 14, § 82, Code 1940.

It appears that the fence in question was constructed by Mrs. Lee along the line which divided her property from that of the appellant. Apparently considerable ill will and unfriendly feeling had arisen between the adjoining property owners.

According to the State’s evidence, the defendant was seen by the witnesses in the act of burning the posts which supported the wire to the fence. They had been taken…