Drees v. State
Supreme Court of Arkansas
APPEAL from Pulaslci Circuit Court. Hon. J. W. Martin, Circuit Judge. STATEMENT. Drees was convicted and fined ten dollars in a Justice’s Court, in Little Rock, for malicious mischief in breaking an enclosure, and appealed to the Circuit Court, where, by consent, the cause was submitted to 'the court sitting as a jury, and he was again found guilty and his punishment fixed at a fine of twenty dollars and imprisonment in the county jail for twenty days, if the fine and cost…
Read the full summary
APPEAL from Pulaslci Circuit Court. Hon. J. W. Martin, Circuit Judge. STATEMENT. Drees was convicted and fined ten dollars in a Justice’s Court, in Little Rock, for malicious mischief in breaking an enclosure, and appealed to the Circuit Court, where, by consent, the cause was submitted to 'the court sitting as a jury, and he was again found guilty and his punishment fixed at a fine of twenty dollars and imprisonment in the county jail for twenty days, if the fine and cost were not immediately paid. The facts appearing from the evidence were, that there was a partition fence between the lots…
1Opinion of the CourtHarrison, J.
This was a prosecution under the act of January 21st, 1875 to protect enclosures from trespasses.
The act declares “That if any person shall ride, range or hunt within the enclosed grounds of another, without the consent of the owner previously obtained, or shall pull down or break the fence, or leave open the gate of the farm, plantation or other enclosed grounds of another, the party so-offending shall be guilty of a misdemeanor, and upon convic-
tion thereof, before a Justice of Peace or other court having jurisdiction of such offense, shall be fined in any sum not less than ten dollars nor…
2Cited by1 opinion
- Gilreath v. StateSupreme Court of Georgia · 1895