State v. Churchill
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for the County of Washington. Hon. Ed. L. Bryan, Judge. Prosecution for malicious mischief in killing, wounding and maiming dogs. From a judgment of conviction and an order denying a motion for a new trial, defendant appeals.
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APPEAL from the District Court of the Seventh Judicial District, for the County of Washington. Hon. Ed. L. Bryan, Judge. Prosecution for malicious mischief in killing, wounding and maiming dogs. From a judgment of conviction and an order denying a motion for a new trial, defendant appeals. The distinction between trespass and malicious trespass must be carefully maintained, or else an act done in defense of person or property upon serious provocation may nevertheless amount to a criminal offense. Such is not the intent of the statute, and hence a prosecution must fail where the proof fails to…
1Opinion of the CourtAilshie, C. J.
The defendant was prosecuted on the eharge of malicious mischief for shooting, maiming and killing dogs belonging to one John A. Kelly, the complaining witness. The jury returned a verdict against the defendant and he was thereupon sentenced to pay a fine. He moved for a. new trial and his motion was denied, and he thereupon appealed from the judgment and order denying his motion. This prosecution is founded on sec. 7153, Rev. Stat., which is-as follows:
‘ ‘ Every person who maliciously kills, maims or wounds any animal, the property of another, or who maliciously and cruelly *649beats, tortures…
Also in this document: Concurrence.
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