State v. . Simpson
Supreme Court of North Carolina
INDICTMENT for abusing and killing stock in an enclosure not surrounded by a lawful fence, tried before Eure, J., at Spring Term, 1875, of the Superior Court of Choivan County.
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INDICTMENT for abusing and killing stock in an enclosure not surrounded by a lawful fence, tried before Eure, J., at Spring Term, 1875, of the Superior Court of Choivan County. The prisoner was arraigned and tried upon the following bill of indictment, to wit: “STATE OF NORTH CAROLINA, 1 Superior Court, Chowan County. [ Fall Term, 1874. The jurors for the State, upon their oath, present that N. A. Simpson, late of the county of Chowan, aforesaid, on the fmt day of January, in the year of our Lord one thousand eight hundred and seventy-four, with force and arms, at and in the county of Chowan…
1Opinion of the CourtPeaesoN, C. J.
The defendant was convicted under the Act of 1868. “ If any person shall kill or abuse any horse, cow, hog, &c., the property of another, in any enclosure not surrounded by a lawful fence, such person shall be deemed guilty of a misdemeanor.” Bat. Rev., chap. 32, sec. 95.
It is apparent from the nature of things that these words are too broad and go beyond the meaning of the law makers. The statute by its necessary construction must be qualified by the addition of the words, “ wilfully and unlavofully ” kill or abuse any horse, cow, &c. Common sense forbids the idea that it was the intention…
2Cited by6 opinions
- State v. Powell.Supreme Court of North Carolina · 1906
- State v. . AllisonSupreme Court of North Carolina · 1884
- State v. . ParkerSupreme Court of North Carolina · 1879
- State v. . HoweSupreme Court of North Carolina · 1888
- State v. . ErwinSupreme Court of North Carolina · 1884
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