Gundy v. State

Information against the appellant for malicious trespass, in tearing down and removing certain fences.

Conviction.

New trial denied, and exception.

*529The facts were, as shown by evidence, that the defendant and one Charles E. Satterthwaite were adjoining proprietors of land, that of Satterthwaite lying east of that of the defendant. A public road ran along the north side of these lands. The defendant had a fence along the east side of his land, running to the north-east corner thereof.

Satterthwaite’s land had been unenclosed, it being woodland, but he desired to enclose it, and he procured the…