Fitzsimon v. State

RAMSEY, Judge.

On December 22, 1909, an information was filed in the County Court of Medina County, charging appellant in the first count with unlawfully breaking, pulling down and injuring the fence of Leo Tschirhart, and in another count with unlawfully separating and withdrawing a fence from the fence of said Leo Tschirhart without his consent and without first having given notice as is required by law. The case was tried on the first count, the second being expressly1 withdrawn from the jury.

The evidence in brief was to the effect that Tschirhart, a short time before the date of the…