
    Commonwealth v. Butcher.
    (Absent Clopton and Wilson, J’s.)
    1847. December Term.
    
    Proof of cutting one black oak, will not support an indictment for cutting ten white oaks.
    
    The defendant was indicted for cutting down ten white oak trees on the land of Martin Butcher and others. On the trial, the jury found the defendant guilty, and fined him 10 dollars, subject to the opinion of the Court, whether by law, proof that the defendant cut down a black oak tree upon the land of the persons named in the indictment, will support the indictment against the defendant. And the Court, with the consent of the defendant, adjourned the question to this Court for novelty and difficulty.
   By the Court.

The Court is of opinion and doth decide, that upon the verdict rendered in this case judgment of acquittal ought to be entered: which is ordered to be certified.  