Legal Opinion

State v. . Allison

Supreme Court of North Carolina

Decided February 5, 1884PublishedCited by 7 opinions

IkdictmpNT for cruelty to animals tried at Spring Term, 1883, of Iredell Superior Court, before Gi'aves, J. The defendant was indicted at spring term, 1883, for a violation of the act of assembly in reference to cruelty to animals.

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IkdictmpNT for cruelty to animals tried at Spring Term, 1883, of Iredell Superior Court, before Gi'aves, J. The defendant was indicted at spring term, 1883, for a violation of the act of assembly in reference to cruelty to animals. The indictment is substantially as follows: The jurors &c., present that the defendant, with force and arms, &c., “did unlawfully and wilfully overdrive, torture, torment, cruelly beat and needlessly mutilate a certain cow, the property of, &c., by beating said cow and twisting off her tail,” contrary, &c. The jury found the defendant guilty, and on his motion the…

1Opinion of the CourtMekrimon, J.

No ground for arresting the judgment is specially assigned in the record, and a careful examination has not enabled us to discover any. The indictment sufficiently alleges the offence denounced by the statute. Acts 1881, ch. 368.

It was suggested that the court below may have regarded the offence charged as coming -within the provisions of chapter 34 of the acts of 1881, and therefore a justice of the peace had exclusive original jurisdiction of it. If the court entertained such view, it was erroneous. That act is confined to malicious injuries of the kind therein specified, and the indictment…

2Cases cited2 opinions

  1. State v. . ParkerSupreme Court of North Carolina · 1879
  2. State v. . SimpsonSupreme Court of North Carolina · 1875

3Cited by7 opinions

  1. State v. . WatkinsSupreme Court of North Carolina · 1888
  2. State v. . JakeSupreme Court of North Carolina · 1864
  3. McCausland v. PeopleSupreme Court of Colorado · 1914
  4. State v. . HoweSupreme Court of North Carolina · 1888
  5. State v. . ErwinSupreme Court of North Carolina · 1884

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