¶1Under the statute which provides that every person who shall “ maliciously sever from the freehold any produce thereof or anything attached thereto shall upon conviction be adjudged guilty of a misdemeanor” (Mansf. Digest, sec. 1658), an indictment which charges that the defendants ” maliciously did sever from the freehold five watermelons, of the value of twenty-five cents each, of the property of Smith Madewells ” contains a sufficient allegation of ownership to describe and identify the offense and to sustain a judgment of conviction. The sufficiency of the indictment in this respect being the only matter urged for a reversal, the judgment is affirmed.
55 Ark. 353
Hawkins v. State
Decided January 23, 1892
Supreme Court of Arkansas · decided 1892-01-23
B. B. Hudgins, Judge. John Hawkins and two others were convicted under an indictment which charged that they “ unlawfully and maliciously did sever from the freehold five watermelons of the value of twenty-five cents each, of the property of Smith Madewells.” A motion in arrest of judgment was overruled, and they appealed. The indictment is insufficient in not alleging the ownership of the freehold. It is sufficient to follow the language of the statute. Mansf.
Decided 1892-01-23