State v. Clark
Supreme Judicial Court of Maine
On exceptions. The case originated in the Municipal Court, for the City of Portland, on the following complaint: "Eben N. Perry, on the twelfth day of January, in the year of our Lord, on thousand eight hundred and ninety-three, in behalf of said State, on oath complains, that Frederick A. Clark, of Portland, in said county, on the eleventh day of January, A. D. 1893, at said Portland, then and there having the custody and control of a certain horse, did then and there…
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On exceptions. The case originated in the Municipal Court, for the City of Portland, on the following complaint: "Eben N. Perry, on the twelfth day of January, in the year of our Lord, on thousand eight hundred and ninety-three, in behalf of said State, on oath complains, that Frederick A. Clark, of Portland, in said county, on the eleventh day of January, A. D. 1893, at said Portland, then and there having the custody and control of a certain horse, did then and there unnecessarily fail to provide such horse with proper shelter and protection from the weather, against the peace of the State,…
1Opinion of the CourtHaskell, J.
The complaint, after proper averments as to* time and place, avers that the defendant, "then and there having' the custody and control of a certain horse, did unnecessarily fail to provide such horse with proper shelter and protection from* the weather, contrapacem et contra forrnam statuti.”
The statute, R. S.,c. 124, § 29, provides that, " every person-who cruelly overdrives . . any horse . . or, having the charge* or custody thereof, as owner or otherwise, unnecessarily fails to provide such animal with proper food, drink, shelter and. protection from the weather,” shall be punished.
The…
2Cases cited1 opinion
- Commonwealth v. CurryMassachusetts Supreme Judicial Court · 1890
3Cited by3 opinions
- Monroe County Motor Co. v. Tennessee Odin Ins. Co.Court of Appeals of Tennessee · 1950
- State v. DumaisSupreme Judicial Court of Maine · 1940
- State v. SpinkSupreme Court of Rhode Island · 1896