State v. Toney
Supreme Court of South Carolina
Before THOMSON, J., Sumter, February, 1881. This was an indictment against Wesley Toney, Reece Toney and Lawrence Toney, for malicious trespass. The report of the presiding judge is as follows : “ The said defendants were indicted for malicious trespass. The act charged was the beating and wounding, against the act of assembly, of a cow of JD. E. Keels, the prosecutor. The proof was that on November 1st, 1880, the cow was seen in Wesley Toney’s lot or cow-pen.
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Before THOMSON, J., Sumter, February, 1881. This was an indictment against Wesley Toney, Reece Toney and Lawrence Toney, for malicious trespass. The report of the presiding judge is as follows : “ The said defendants were indicted for malicious trespass. The act charged was the beating and wounding, against the act of assembly, of a cow of JD. E. Keels, the prosecutor. The proof was that on November 1st, 1880, the cow was seen in Wesley Toney’s lot or cow-pen. The prosecutor said he was thirty or forty yards from the cow-pen and not seen. He saw some one at the cow-pen — his cow was in the…
1Opinion of the Court
The opinion of the court was delivered by
SimpsoN, C. J.
In this case the defendants were indicted for malicious trespass'. The act charged was the beating and wounding, against the act of assembly, a cow of Keels, the prosecutor. The presiding judge was requested to charge the jury that it was necessary for the state to prove malice on the part of the defendants against the owner of the property alleged to have been injured. He was further requested to charge that the defendant, Lawrence Toney, was entitled to an acquittal, as, according to the testimony, he was an infant under the age of…
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