State v. Clark
Supreme Court of New Jersey
Tills cause came before the court on the following state of the case, certified from the Hunterdon Oyer and Terminer. The indictment is framed upon the second section of the act approved March 24th, 1855. Nix. Rig. 178, § 108. The first count charges that the defendant did maliciously and willfully open, break down, injure, and destroy a certain rail fence, to wit, twenty panels of rail fence belonging to and in the possession of George Arnwine.
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Tills cause came before the court on the following state of the case, certified from the Hunterdon Oyer and Terminer. The indictment is framed upon the second section of the act approved March 24th, 1855. Nix. Rig. 178, § 108. The first count charges that the defendant did maliciously and willfully open, break down, injure, and destroy a certain rail fence, to wit, twenty panels of rail fence belonging to and in the possession of George Arnwine. The second count charges that the defendant did maliciously and willfully open, break down, injure, and destroy a certain rail fence, to wit, twenty…
1Opinion of the CourtWhelpley, J.
The section of the act upon which ihis indictment was found provides that if any person or persons shall willfully open, break down, injure, or destroy any fences, rails, or enclosures belonging to or in the possession of any oilier person or persons, or cut down, injure, or destroy the wood, timber, trees, herbage, grass, or hay standing or growing upon the lands of any other person or persons, or shall dig up, pull up, injure, destroy, or carry off the vegelabhs standing, growing, or being in or upon the lands of any other person or persons, he shall be deemed guilty of a misdemeanor, and…
2Cases cited2 opinions
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