State v. . R. P. Roseman

Reade, J. If the defendants were in the [adverse possession of the school house, and bonco ftde claiming it as their own, it certainly was not a crime in them to pull it down. It was, therefore important for them to prove that fact, for the words of the Statute are, “shall unlawfully and wilfully demolish, &e.” Rev. Code, ch. 34, sec. 103. Upon the supposition that the record which was offered and rejected was not sufficient evidence of title upon an issue directly involving title it was certainly evidence tending to ex *636 plain the possession of the defendants and the tona fides of what they did. The rejection of this evidence was error, and entitles the defendants to a venire de novo, and therefore it is not necessary that we should consider the other exceptions; as they will probably not arise again. » There is error. Let this be certified. Pee Cusiam. Venire de novo.