State v. Jackson

The affidavit and complaint charge the defendants with malicious trespass. Motion to quash sustained. The state appeals.

The affidavit charges that the defendants unlawfully, maliciously and mischievously injured and caused to be injured the personal goods and chattels, to-wit, fifty head of cattle, of the value of 660 dollars, at, &c., by then and there maliciously and mischievously dogging and hunting said cattle; whereby he, Snodgrass, sustained damage to the amount of 100 dollars.

The complaint conforms to the affidavit.

The ownership of the cattle is not directly averred. Their number and…