State v. Hoskins

Amon Hoskins appeals from a judgment imposing a fine of $25 for the willful and malicious destruction of a portion of the fence around a private family burial ground. Under Sec. 4728, R.S. 1939,* the offense is a felony.

The testimony established that George Hoskins many, say 40, years ago fenced off a plot 40 feet square out of a 40 acre tract for a family burial ground, it being understood that any of the family who might desire could use it for burial purposes. Hoskins died about 1933 and the land passed to his heirs; that is, to his[222] widow and their several children, who, according to…