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21 Ind. 206

State v. Williams

Indiana Supreme Court

Decided November 15, 1863

Indiana Supreme Court · decided 1863-11-15

<p>Criminal Law and Practice. — For a sufficient form for an information for malicious trespass, see the opinion.</p>

Cited by 1 later decisions — most recently November 1882

1 state decisions

Relies on State v. Clevinger

Good law ✅— No negative treatment on recordhow we know

Decided 1863-11-15

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Per Curiam.

¶1The information in this case charges that the deféndant on, &c., at, &c., “did maliciously and mischievously injure one wagon, the property of Peter S. Kennedy, of the value of 40 dollars, by then and there -removing from the ends of the axletrees of said wagon the nuts or taps on the same, and by then and there removing the hammer and neck yoke of said wagon where the said Kennedy could never find them — the said taps, hammer and neck yoke — which taps, &c., were of the value of 7 dollars, and by means of said injuries the wagon was damaged 7 dollars; all to the damage of said Kennedy 7 dollars.” The defendant moved to quash the information; the Court sustained the motion, and the plaintiff excepted.

¶2We perceive nothing objectionable in this information. It charges affirmatively that the defendant, by removing the taps, hammer and neck yoke from the wagon, damaged it 7 dol*207lars; and whether the wagon was thus injured was a question for the jury. The State v. Glevinger, 14 Ind. 366.

Oscar B. Hord, Attorney General, and John C. Bufkin, for the State.

¶3The judgment is reversed, with costs. Cause remanded for trial.

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