Commonwealth v. Byard

The defendant was found guilty upon.an indictment framed under the R. L. c. 208, § 100, as amended by the St. 1902, c. 544, § 30, alleging that he “ wilfully and maliciously and wantonly did injure a tree, standing for a useful purpose, of the property of Minnie M. Glendon.” This was a large cherry tree standing near the line of the street, within its owner’s enclosure, and it had large branches extending over the street. One part of the trunk, about fourteen inches in diameter, extended over the line of the street about nine feet above the ground. One Nickerson obtained from the proper…