Koch v. People

Plaintiff in error (hereinafter referred to as defendant) was convicted and sentenced on a charge of malicious mischief under section 1874, It. S. 1908. The act, charged and admitted, was the cutting and pulling down of a certain fence belonging to, and erected by, the prosecuting witness Lemons. To review that judgment defendant brings error and asks the issuance of a supersedeas.

Defendant was in charge of the property of his mother and acting under the direction of his parents. The land of Lemons joined that of Mrs. Koch. The line between them had been for years in dispute and unsettled.…