Adams v. State

*299Carlisle, J.

1. The defendant was indicted under Code § 26-8109 and was convicted. In special ground 1 (numbered 4) of his amended motion for new trial, he complains of the use of the word “removal” in the court’s charge. In the charge the judge directed the jury’s attention to the fact that the defendant contended the marker in question was not erected at the grave of the named deceased. He further charged that that contention was not a valid defense and charged the following: “That the defendant would not be authorized to remove such marker or injure such marker or such tombstone from the…