Legal Opinion

Respublica v. Teischer

Supreme Court of the United States

Decided July 1, 1788PublishedCited by 11 opinions

The defendant had been convicted in the county of Berks, upon an indictment for maliciously, wilfully and wickedly killing a horse ; and upon a motion in arrest of judgment, it came on to be argued, whether the offence, so laid, was indictable ?

1Opinion of the Court

The opinion of the court was delivered on the 15th of July, by the Chief Justice.

McKean, Chief Justice.

The defendant was indicted for “maliciously, wilfully and wickedly killing a horse ;” and being convicted by the jury, it has been urged, in arrest of judgment, that this offence was not of an indictable nature.

It is true, that on the examination of the cases, we have not found the line accurately drawn ; but it seems to be agreed, that whatever amounts to a public wrong may be made the subject of an indictment. (a) The poisoning of chickens ; .cheating with false dice; fraudulently tearing…

2Cited by11 opinions

  1. Commonwealth v. TaylorSupreme Court of Pennsylvania · 1812
  2. Gunn v. BowersSupreme Court of Pennsylvania · 1889
  3. Davis v. CommonwealthSupreme Court of Pennsylvania · 1858
  4. People v. LipschitzNew York Supreme Court · 1923
  5. Campbell v. CommonwealthSupreme Court of Pennsylvania · 1868

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