Lay v. State

Rein hard, J. —

The appellant was tried and convicted in the court below on a charge of removing a double gate from a certain fence around a cemetery.

The assignment of errors is that the indictment does not state facts sufficient to constitute a cause of action against the appellant or charge or state a public offense or crime against him, and that the court erred in overruling the motion for a new trial.

The indictment is in two counts. In the first count, after the caption and introductory portion, it is averred that the appellant did “unlawfully, willfully, mischievously and maliciously…