3 Me. 177
Supreme Judicial Court of Maine
Decided June 15, 1824
Supreme Judicial Court of Maine · decided 1824-06-15
This defendant was indicted for that with force and arms, to wit, with a knife, axe and saw, and other offensive weapons, unlawfully, maliciously, and with intent to injure one R. S. he broke and entered his inclosure, and girdled, mutilated, and destroyed thirty of his apple trees &c. against the peace.
Cited in Cyclopedic (1922)’s definition of “Malicious Mischief”
Decided 1824-06-15
¶1observed that they were not aware that the statute of 31 Hen. 8 had ever'been adopted in this country ; and that from the early colonial legislation on the subject, it seemed improbable that it had been. The offence therefore was not indictable except under the statute of this State; and this remedy is limed to one year from the commission of the offence, which term had expired before the finding of the indictment.
¶2Judgment arrested.