#### STATE v. JAMES W. HARPER and others.

(See the Syllabus in the preceding case of the State v. Parrott and others, in which the facts and the decision are the same as in this case.

(State v. Dibble, 4 Jones, 107, cited and approved.)

INDICTMENT for a trespass in tearing down a portion ofaEail-road bridge, tried before Clarice, J., at the Spring Term, 1874} of Lenoir Superior Court.

The offence charged and the facts in this case are identically the same as those in the preceding case of the State v. Parrott, and others, ante 311.

Upon the special verdict his Honor held the defendants not guilty, whereupon the State appealed.

Attorney General Hargrove, Pou, Seymour and Lehman, for the State.

Smith dé Strong, for the defendants.

Beade, J".

The facts in this -case are substantially the same as the facts in State v. Parrott, et. al. at this term, and the principles governing it are the same and the decision is the same.

Let the decision and the opinion in that case be certified as the decision and opinion in this to the end that the Court below may proceed to judgment discharging the defendant as upon a verdict of not guilty.

Per Curiam. Judgment affirmed.