People v. Smith
New York Supreme Court
The defendant was indicted for maliciously, wickedly and wilfully killing a cow, the goods and chattels of J°hn Dibble; and found guilty at the general sessions in Delaware county. The cause was brought to this court .... ... by certiorari, with a view to obtain their opinion, whether t^le 03®®nce charged be indictable,
1Opinion of the Court
Curia, per Woodworth, J.
There is no precise line, by which indictments for malicious mischief are separated from actions of trespass. Blackstone, in the 4th volume of his commentaries, speaks of the former as done, not animo furandi or with an intent of gaining by another’s loss; but either out of a spirit of wanton cruelty, or black and diabolical revenge. It cannot be expected, that the mere liability to damages, will operate on a mind so depraved. The injury may be committed when none but the person injured is a Avitness. The perpetrator may be insolvent; and thus gratify his malice Avith…
2Cases cited3 opinions
- Commonwealth v. LeachMassachusetts Supreme Judicial Court · 1804
- Commonwealth v. TaylorSupreme Court of Pennsylvania · 1812
- Hart v. JamesSupreme Court of Pennsylvania · 1788
3Cited by10 opinions
- Ross v. LeggettMichigan Supreme Court · 1886
- State v. SlingerlandNevada Supreme Court · 1885
- People ex rel. Potter v. Board of ManagersNew York Supreme Court · 1922
- People v. UptonNew York Supreme Court · 1890
- People v. BosworthNew York Supreme Court · 1892
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