Hobson v. State
Supreme Court of Alabama
Afheah from the Circuit Court of Hale, Tried before Hon. M. 3. Saffold, The appellant was tried on a statement by the solicitor, on appeal from the county to the circuit court, for “unlawfully and maliciously killing a hog, the property of Natham Lewis, colored, After the court had charged the jury as to the law applicable to the case, the appellant requested the following charges in writing: 1st. “ It is ineumbent on the State to prove to the satisfaction of the jury that…
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Afheah from the Circuit Court of Hale, Tried before Hon. M. 3. Saffold, The appellant was tried on a statement by the solicitor, on appeal from the county to the circuit court, for “unlawfully and maliciously killing a hog, the property of Natham Lewis, colored, After the court had charged the jury as to the law applicable to the case, the appellant requested the following charges in writing: 1st. “ It is ineumbent on the State to prove to the satisfaction of the jury that the defendant killed or wounded the animal, both unlawfully and maliciously; and unless they are satisfied beyond a…
1Opinion of the CourtB. E. Saefold, J.
The appellant was prosecuted under §3733 of the Revised Code, for malicious injury to animals.
The real essence of this offense is malice towards the owner of the animal injured. — Northcot v. The State, 43 Ala. 330; Hill v. The State, 43 Ala. 335; 37 Ala. 459; 7 Ala. 728.
The two charges asked should have been given.
It is not indispensable to a conviction that the defendant did or said any thing, either before or after the commission of the act, indicative of express malice towards the owner. Malice may be inferred, if the injury is unlawful, from the instrument used or the wantonness of the…
2Cases cited3 opinions
- Northcot v. StateSupreme Court of Alabama · 1869
- Hill v. StateSupreme Court of Alabama · 1869
- State v. PierceSupreme Court of Alabama · 1845
3Cited by10 opinions
- Wiggin v. StateWyoming Supreme Court · 1922
- Colbert v. StateCourt of Criminal Appeals of Oklahoma · 1912
- State v. PraterMissouri Court of Appeals · 1908
- State v. LeslieSupreme Court of Iowa · 1908
- People v. OlsenUtah Supreme Court · 1889
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