Evans v. State

Prosecution arose in this case in a justice of the peace court where appellant was convicted of trespass. On appeal to the circuit court, appellant was again convicted and sentenced to pay a fine of twenty-five dollars, from which judgment of conviction he appeals to this court.

The prosecution was instituted by affidavit in a justice of the peace court charging a willful and malicious trespass in the cutting of a certain wire net fence, under section 1191, Hemingway’s 1927 Code, section 1163, Code of 1930. The record shows that the net wire fence was undoubtedly cut at the point charged in…