State v. . Painter

The charge against defendants, as set out in the bill of indictment, was that they "unlawfully and wilfully did kill, injure and abuse one cow, one heifer, the property of one B. P. Johnson, which said cow and heifer, were then and there in an inclosure, not then and there surrounded by a lawful and sufficient fence, against the statute," etc.

Upon the evidence submitted by the State, the jury found the defendants guilty. It was then moved by their counsel, to arrest the judgment, for that the indictment is defective for want of certainty in describing the inclosure. Motion refused, and…