Source: United States Circuit Court of the District of Columbia
Date: 1807-12-01
Jurisdiction: United States
Citation: 27 F. Cas. 1148 · 1 Cranch, C. C. 475
Opinion
THE COURT instructed the jury that it was a felony; but having doubts, said they would hear a motion for a new trial or in arrest of judgment, if a verdict of guilty should be found—which was found accordingly. And on consideration, THE COURT (nem. con.) was of opinion that it was no felony; that the fence was to be considered as annexed to the freehold, and would descend with the land to the heir, and would not go to the executors. Judgment arrested.