Tallman v. State
Supreme Court of Arkansas
• • Appeal from Arkansas Circuit Court, Northern District; George W. Glarh, Judge; The statute, C. & M. Digest, § 2511, does not warrant a charge to the jury that the killing of the animal with a dangerous and deadly weapon will 'be presumed to have been done maliciously, and that proof of malice would not be required. The effect of this instruction and the •one following it is to shift the burden to the. defendant, leaving to the State only to prove the fact of the killing.
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• • Appeal from Arkansas Circuit Court, Northern District; George W. Glarh, Judge; The statute, C. & M. Digest, § 2511, does not warrant a charge to the jury that the killing of the animal with a dangerous and deadly weapon will 'be presumed to have been done maliciously, and that proof of malice would not be required. The effect of this instruction and the •one following it is to shift the burden to the. defendant, leaving to the State only to prove the fact of the killing. Parsley v. State, 148 Ark. 518. The instruction with reference to the killing with a deadly weapon did not, as…
1Opinion of the CourtHumphreys, J.
This is an appeal from a judgment for malicious mischief and an assessment of damages incident thereto rendered in the Arkansas Circuit Court against appellant. The charge of malicious mischief for the killing of a dog belonging to Roger Crowe on June 18, 1921, was preferred against appellant before a justice of the peace in said county. Appellant was convicted in the magistrate’s court and prosecuted an appeal therefrom to the circuit court, and upon trial d'e novo was again convicted and fined.
Appellant was prosecuted under section 2511 of Crawford & Moses’ Digest, which provides, in…
2Cases cited2 opinions
- Snap v. PeopleIllinois Supreme Court · 1857
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