Mosely v. State
Supreme Court of Georgia
Indictment, from Gordon county. Tried before Judge Tripps, at October Term, 1858. Henry Mosely, the plaintiff in error, was indicted for malicious mischief.
Read the full summary
Indictment, from Gordon county. Tried before Judge Tripps, at October Term, 1858. Henry Mosely, the plaintiff in error, was indicted for malicious mischief. Upon the trial, Benjamin A. Rollins, on the part of the State, testified that four of his cows were shot; be went up to where defendant lived and asked him if he shot them ; defendant replied that he did shoot them, and he had plenty of money to pay for them, if they died; that he shot them with peas, then with small shot, and then with large shot. Thei’e was no ill-will between witness and defendant, and they were friendly before…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
Was the charge of the court in this case right, namely: that “if the defendant wantonly and recklessly shbt the cattle of the prosecutor, the law will imply malice, whether he intended any injury to the owner or not?”
For aught that appears in the evidence, the shooting was without provocation or excuse. Hollins found his cattle shot, near the mill of the defendant; he asked defendant if he did it; he said he did, and that he had a *192plenty of money to pay for them if they died. Two of them did die.
To constitute the crime of malicious posecution…
2Cited by9 opinions
- State v. PraterMissouri Court of Appeals · 1908
- People v. OlsenUtah Supreme Court · 1889
- State v. ColemanUtah Supreme Court · 1905
- Williams v. StateCourt of Appeals of Georgia · 1935
- Quick v. StateCourt of Appeals of Georgia · 1940
4 more not listed; retrieve them via the Exa API.