State v. . Butts
Supreme Court of North Carolina
This was an INDICTMENT, tried before Philips, Judge, at Fall Term, 1884, of GreeNE Superior Court. The indictment charged that the defendant- Elias Butts, wil-fully and unlawfully, did cruelly beat and shoot, and needlessly mutilate, torment and torture, a certain useful animal, to-wit: one cow, the property of Joseph Dixon, contrary to the form of the statute, &c.
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This was an INDICTMENT, tried before Philips, Judge, at Fall Term, 1884, of GreeNE Superior Court. The indictment charged that the defendant- Elias Butts, wil-fully and unlawfully, did cruelly beat and shoot, and needlessly mutilate, torment and torture, a certain useful animal, to-wit: one cow, the property of Joseph Dixon, contrary to the form of the statute, &c. It was in pi’oof on the trial, that the cow was shot three times, in an inclosure of the defendant not surrounded by a lawful fence, in the county of Greene, and it was admitted that Greene county was a- no-fence section, and was…
1Opinion of the CourtAkiie, J.
(after stating the facts). The section of The Code under which the indictment was drawn is as follows:
“If any person shall wilfully overdrive, overload, wound, injure, torture, torment, deprive of necessary sustenance, or cruelly beat, or needlessly mutilate, or kill, or cause or procure to be overridden, overloaded, wounded, injured, tortured; tormented, or deprived of necessary sustenance, or to be cruelly beaten, needlessly mutilated, or killed, as aforesaid, any useful beast, fowl or animal, every such offender shall, for every such offence, be guilty of a misdemeanor.” The Code, §2482.
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2Cited by6 opinions
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