
    Commonwealth v. Powell.
    Criminal Law — Carrying off Line Tree--Information. — Information charges that defendant did knowingly and wilfully, without lawful authority, cut down and carry off a line tree between his land and the land of a certain J. H. contrary to the form of the statute: Hura», the offence is not so charged as to be punishable by any law in force in Virginia.
    An information was filed against Seymour Powell, in the circuit superiour court of law and chancery for York county, at October term 1835, charging that the said Seymour Powell late of the county aforesaid, on the 20th *day of April 1835 and within six months next preceding the 2d day of May 1835, at the county aforesaid and within the jurisdiction of the said circuit superiour court, did knowingly and wilfully, without lawful authority, cut down and carry off a line tree between the said Seymour Powell’s land and the land of a certain John Hudgins, contrary to the form and effect of the statute in such case made and provided, and against the peace and dignity of the commonwealth. This information was filed upon a presentment of the grand jury, made at the preceding term of the circuit court.
    
      
      See generally, monographic note on “Indictments, Informations and Presentments” appended to Boyle v. Com., 14 Gratt. 674.
    
   The defendant, at April term 1836, pleaded not guilty; and a jury being impaneled to try the issue joined on that plea, found him guilty in manner and form as set forth in the information, and assessed his fine to five dollars. Whereupon he moved the court to arrest the judgment, “because there is no law in Virginia by which the offence charged in the information can be punished.” The court, with the consent of the defendant, adjourned to this court, for novelty and difficulty, the following questions: 1. Is the offence charged in the information punishable by any law in force in Virginia? 2. What judgment shall be given on the verdict?

(Daniel, J.,

dissenting) decided, 1. That the offence charged in the information is not so charged as to be punishable by any law in force in Virginia. 2. That judgment on the verdict should be arrested, and the defendant discharged.  