STATE v. ESTES


287 S.W.2d 40 (1956)

STATE of Tennessee v. Henry ESTES.

Supreme Court of Tennessee.

February 3, 1956.


Attorney(s) appearing for the Case

Hugh Lee Webster and Dewitt Fisher, Columbia, for defendant in error.

Knox Bigham, Asst. Atty. Gen., for the State.


NEIL, Chief Justice.

The State has appealed from the action of the trial judge in quashing indictments in two cases, which charge separate offenses, to wit, (1) the violation of Section 10857 of Williams' Code of Tennessee, Section 39-4530, T.C.A.; and (2) the violation of Section 10883 of Williams' Code of Tennessee, Section 39-3109, T.C.A.

Code Section 10857 reads as follows:

"Any person who shall pull down the fence of another and leave the same...

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