Legal Opinion

State v. Ward

Supreme Court of Vermont

Decided August 31, 1903PublishedCited by 6 opinions

InpormatioN for illegally killing a deer. Plea, not guilty. Trial by jury at the December Term, 1902, Wind-ham County, Rowell, C. J., presiding. Verdict and judgment, guilty. Sentence thereon and execution ordered. The respondent excepted. If the respondent killed this deer supposing it had horns, he could not be'convicted, i Hale 39; Foster 259; 4 Arc'hl. Cr. PI. & Pr. 55, and note; Cro. Car. 538; 4 Blk. Com. 27; 1 Bish.

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1Opinion of the CourtStafford, J.

The respondent shot and killed a deer without horns, which was a thing forbidden by statute; and the question is whether the Court erred in telling the jury that, if the respondent intended to kill the very creature he did kill, it was no defense that he supposed it to be a deer with horns, which it would have been lawful for him to kill. The act was unlawful only because the statute made it so — malum, prohibi-tum. The statute itself says nothing about knowledge. Was it.necessary for the State to¡ prove that the respondent knew that the deer was without horns? If not,-it was no defense that…

2Cases cited1 opinion

State v. TomasiSupreme Court of Vermont · 1895

3Cited by6 opinions

State v. WoodsSupreme Court of Vermont · 1935
State v. AudetteSupreme Court of Vermont · 1908
State v. AckerlySupreme Court of Vermont · 1906
State v. KelleySupreme Court of Vermont · 1912
State v. HarveySupreme Court of Vermont · 1914

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