Thomas v. State
Supreme Court of Arkansas
APPEAL from Baxter Circuit Court. Hon. William Byers, Circuit Judge. Yerdict excessive, Gantt’s Digest, sec. 3192, unless malicious sec. 1381 does not govern. . Instructions that malice was implied was erroneous. State v. Wihox, 3 Yerger, 278; Hobson v. State, 44 Ala., 380; State v. Newby, 64 N. C,, 23; Hill v. State, id., 335; Wright y.
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APPEAL from Baxter Circuit Court. Hon. William Byers, Circuit Judge. Yerdict excessive, Gantt’s Digest, sec. 3192, unless malicious sec. 1381 does not govern. . Instructions that malice was implied was erroneous. State v. Wihox, 3 Yerger, 278; Hobson v. State, 44 Ala., 380; State v. Newby, 64 N. C,, 23; Hill v. State, id., 335; Wright y. State, 30 Ga., 325; Frazier, v. Brown, 12 Ohio, U. S., 294; U. S. v. Gideon, Irwin, 294; Northcott v. State, 43 Ala., 330; State v. Jachson, 12 Ind., 329; Comm. v. Walden, 3 Cush., 558; State v. Bobimson, 3 Dev. & Bat.’ 130; State v. Pierce, 7 Ala., 723;…
1Opinion of the Court
Harrison, J.:
The appellant was convicted in the Baxter Circuit Court, for the malicious killing of a mare, the property of Permetta C. Herron, and fined twenty dollars, and adjudged to pay the owner two hundred and ten dollars damages, treble the value of the mare, found by the jury.
Having moved for a new trial, which was refused, he took a bill of exceptions and appealed.
The mare was found dead, having been shot, in the defendant’s woodland lot adjoining his wheatfield, and immediately by the fence separating the two.
The mare was breachy and bad to jump, and had been breaking into the…
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