Wiggin v. State
Wyoming Supreme Court
ERROR to the District Court, Goshen County, William C. Mentzer, Judge. Orrin G. Wiggin was convicted of willfully and maliciously killing a head of neat cattle, and brings error. Reversed and remanded. Malicious killing within the meaning of the statute must have been done out of a spirit of cruelty, hostility or revenge directed against the owner of the animal killed.
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ERROR to the District Court, Goshen County, William C. Mentzer, Judge. Orrin G. Wiggin was convicted of willfully and maliciously killing a head of neat cattle, and brings error. Reversed and remanded. Malicious killing within the meaning of the statute must have been done out of a spirit of cruelty, hostility or revenge directed against the owner of the animal killed. (7123 C. S.) Malice necessary to constitute the offense is something more than the malice which is ordinarily inferred from the willful doing of an unlawful act without excuse. (7146 C. S. State v. Johnson, 7 Wyo. 512.) The…
1Opinion of the Court
Blume, Justice.
The defendant below, Orrin G-. Wiggin, was tried and convicted of wilfully and maliciously killing a head of neat cattle, contrary to the provisions of Section 7123 of the Wyoming Compiled Statutes 1920 reading as follows:
“Whoever wilfully and maliciously kills any horse, mule, sheep, goat, or neat cattle, the same being the property of another, shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned in the penitentiary for not more than fourteen years. ’ ’
The defendant was sentenced to from 3 to 6 years in the penitentiary, and the case has been…
2Cases cited40 opinions
- Weeks v. United StatesSupreme Court of the United States · 1914
- Gouled v. United StatesSupreme Court of the United States · 1921
- Amos v. United StatesSupreme Court of the United States · 1921
- Youman v. CommonwealthCourt of Appeals of Kentucky · 1920
- Mitchell v. StateSupreme Court of Alabama · 1877
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3Cited by24 opinions
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- Haverstick v. StateIndiana Supreme Court · 1925
- Smith v. StateWyoming Supreme Court · 1976
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