Tennessee Supreme Court September 15, 1859 (State v. Pennington)

CakutheRS, . J.,

delivered the opinion of the Court.

This is an appeal in error by the State, from a judgment of the Circuit Court of Scott county, quashing the indictment for malicious mischief, in throwing down the fence of Nathaniel Hammond. The offence is created and defined in the 11th paragraph of the 5652 section of the Code. The descriptive words are.