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30 Ind. 111

Newland v. State

Indiana Supreme Court

Decided November 15, 1868

Indiana Supreme Court · decided 1868-11-15

<p>Criminal Law. — Indictment.—Trespass on Land. — An indictment charged that the defendant, “ on, &c., at, &c., did unlawfully cut down and remove, on and from land belonging to M. S., in said county, one tree of the value of fifty cents, the property of M. S., without having license so to do from said M. S., or any other competent authority.”</p> <p>Held, that this was a sufficiently certain description of the land upon which the trespass was committed.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1868-11-15

How this case has been cited

Cited by 3 later decisions — most recently January 1890

3 state decisions

101868187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Frazer, J.

¶1The overruling of a motion to quash the indictment presents the only question in this record. It was charged that the defendant, “ on, &c., at, &c., did unlawfully cut down and remove, on and from land belonging to M. S., in said county, one tree of the value of fifty cents, the property of M. S., without having a license so to do from said M. S., or any other competent authority.”

¶2The objection made to the indictment is, that it did not describe the lands upon which the trespass was committed, and is therefore not sufficiently certain. No direct authority is cited in support of the objection, and the approved precedents, strong evidence of what the law is, found in Archibald and Wharton, do not sustain it.

¶3The judgment is affirmed, with costs.

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