Butler v. Mercer

Per Curiam.— Suit for disturbance of the occupancy and possession of a dwelling house, and injury to the same, by breaking the windows, &c. Recovery by the plaintiff. The Court instructed the jury that if the injury to the house was malicious, they might give vindictive damages. As a malicious trespass is punishable criminally, it is not punishable civilly. Tabor v. Hutson, 5 Ind. R. 322. The judgment is reversed with costs. Cause remanded, &c.