65 Pa. Super. 113 | Pa. Super. Ct. | 1916
Opinion by
The defendant was convicted on the charge of maliciously breaking a gate on the land of I. N. Orndorff the prosecutor who owned land between the farm of the defendant and the public highway over which a right of way existed in favor of the defendant. The gate was erected by the prosecutor where a fence separated his land from the highway and across the way which had for many years been used by the defendant and his predecessors in title. The specific charge was that on the 30th day of August, 1914, the defendant threw down and drove over and broke a gate which the prosecutor had suspended between two posts where the right of way led out of his field onto a public highway. The first assignment of error relates to the refusal of the court to quash the indictment. The reasons assigned were: (1) that