Read v. State

Decided November 15, 1849

Indiana Supreme Court · decided 1849-11-15

This was an indictment for a malicious trespass, charging, that the defendant did, at, &c., “ unlawfully and maliciously, destroy and injure divers windows, then and there affixed into and upon a certain county seminary building, there situate, of the value of twenty dollars, of the property of the county of Sullivan aforesaid, to the damage of said county,” &c. Upon the trial, several witnesses testified that they, with others, met in the seminary on the night of the 1st of…

Decided 1849-11-15

Smith, J.

¶1— “ We think the instruction was not objectionable. The indictment, in effect, charges a malicious injury to ‘public property,’ under §71, ch. 53, p. 975, of the Revised Statutes, and was sufficiently sustained by tbe proof. The fee simple of the land upon which the county seminaries are erected, is held in the name of the State, but the boards of county commissioners, of the respective counties. *370have the charge of the buildings and of the effects of the seminaries. R. S. ch. 27, p. 304,

¶2“ We also think, the injury charged to have been done to the property, is stated with sufficient certainty in the indictment, and that the case does not come within that of The State v. Aydclott."

¶3Judgment affirmed, A c.