State v. . Latham
Supreme Court of North Carolina
Appeal From the Superior Court of Law of Beaufort County, at the Fall Term 1851, bis Honor Judge Dicxc presiding. The case is stated in the opinion delivered.
1Opinion of the CourtNash, J.
The defendant is indicted for .malicious mischief, in killing a' dog, belonging to the prosecutor. The facts are as follows : In the morning of the day on which the dog was shot, a hog of the defendant, being at the premises of the prosecutor, was worried and injured by the dog in question; On the afternoon of the same day, the prosecutor being in the woods in pursuit of squirrels, the defendant came where he was, with his gun, and his dog following; very soon afterwards, the prosecutor’s dog attacked the hog, and while he was in pursuit, the defendant shot, and killed him.
The counsel of the…
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