LATIMER, Justice.
Appellant, Malcolm Adams, and the prosecuting witness, Sherman Adams, are brothers. They live on adjoining tracts of land separated by a small stream. This land was inherited from their father. It appears that Malcolm Adams had placed a quantity of brush, weighted down with rock, on his side of the stream, thereby diverting the stream and causing it to flow against and cut into the land of his brother.
The Grand Jury indicted Malcolm, charging...
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