State v. Paul
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. Indictment for wilful trespass on land of another. The charging part of the indictment, as set out in the abstract, is as follows : “The said George Paul, on the twentieth day of December, 1888, in the county aforesaid, did then and there wrongfully, unlawfully and wilfully cut down a large number of standing and growing trees, the exact number thereof being to the grand jury unknown, the same then and there…
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Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. Indictment for wilful trespass on land of another. The charging part of the indictment, as set out in the abstract, is as follows : “The said George Paul, on the twentieth day of December, 1888, in the county aforesaid, did then and there wrongfully, unlawfully and wilfully cut down a large number of standing and growing trees, the exact number thereof being to the grand jury unknown, the same then and there being the property of another or others, to-wit, the property of the heirs of one Madison Young, deceased, the same being…
1Opinion of the CourtGiveN, J.
1. trespass : topuony?15 I. It will be observed that the two forty-acre tracts from which it is charged trees were cut a,1(l taken are in different sections, and not contiguous. Appellant claims that cutting trees on each constitutes separate offenses, and, therefore, the indictment charges two offenses. If cutting the trees was but one transaction, then it constitutes but one offense. That it was upon different tracts of land does not make it separate offenses, any more than the cutting of each tree was a separate offense. If, in point of time and circumstances, the cutting was done as a…
2Cited by10 opinions
- Ackley v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- Furnace v. StateIndiana Supreme Court · 1899
- Wolpa v. United StatesCourt of Appeals for the Eighth Circuit · 1936
- Poffenbarger v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- State v. PhippsSupreme Court of Iowa · 1895
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