Davis v. Commonwealth
Supreme Court of Pennsylvania
Error, to the Quarter Sessions of Susquehanna county. This was an indictment, in the court below, against Levi Davis, Hiram Stevens, and Solomon Lott, for malicious mischief.
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Error, to the Quarter Sessions of Susquehanna county. This was an indictment, in the court below, against Levi Davis, Hiram Stevens, and Solomon Lott, for malicious mischief. The indictment was as follows:— “ Susquehanna County, ss : “ Of April Session, in the year of our Lord 1857. “The grand inquest of the Commonwealth of Pennsylvania, now sitting and inquiring for the body of the county of Susquehanna, upon their oaths and affirmations, respectively, do present, that Levi Davis, late of said county, yeoman; Hiram Stevens, late of said county, yeoman; and Solomon Lott, late of said county,…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
— It would be impossible to construct a common law definition of malicious mischief which would include such dismantling of a building as is laid in this indictment.
Generally, malicious mischief is an injury to the rights of property, and the ownership of the property injured must be laid in the indictment. The precedents, both English and American, are so, and precedents are evidence of the law.
*424But cruelty to animals is in itself of evil example and a public offence. It is not only an assault on life, which, though that of a dumb beast, is…
2Cases cited1 opinion
- Respublica v. TeischerSupreme Court of the United States · 1788
3Cited by5 opinions
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- State v. PowelsNew Mexico Court of Appeals · 2003
- Jackson v. StateAlabama Court of Appeals · 1952
- Commonwealth v. DoneganPhiladelphia County Court of Quarter Sessions · 1956
- State v. PowelsNew Mexico Court of Appeals · 2003