Nature of the Case
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Facts
Johnson (D) drove his sheep from a dipping corral to a railroad. D crossed the land of another, but his sheep did not stop to graze any longer than they do when they are being driven. The sheep did eat some crops and did other damage to the premises. D was indicted for malicious trespass. D appealed his indictment on the grounds that the agreed to fact statement did not constitute any crime.
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