State v. . Cornett

If any person shall unlawfully and wilfully burn, destroy, pull down, injure, or remove any fence, wall, or other inclosure, or any part thereof, surrounding or about any yard, garden, cultivated field, or pasture, ... he shall be guilty of a misdemeanor. C. 4317. The indictment charges the defendant with pulling down, injuring, and removing a fence surrounding a cultivated field in breach of this statute. He was convicted, and from the judgment pronounced he appealed to this Court.

His Honor gave the jury this instruction: “I charge you that if you find from the evidence and by its greater…