State v. Avery
Supreme Court of New Hampshire
This was an indictment, which alleged substantially that the respondent at, &c., on, &c., did willfully, maliciously and cruelly-beat and wound one horse, of the value of §100, then and there being in his possession and keeping, &c. The defendant moved to quash the indictment, but the court overruled the motion, and the respondent excepted.
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This was an indictment, which alleged substantially that the respondent at, &c., on, &c., did willfully, maliciously and cruelly-beat and wound one horse, of the value of §100, then and there being in his possession and keeping, &c. The defendant moved to quash the indictment, but the court overruled the motion, and the respondent excepted. The testimony tended to show that in the afternoon of the 20th of July, 1861, the defendant was driving his own horse in a gig-wagon, in and about Campion village, for a considerable space of time, and while so driving he continued, although with intervals…
1Opinion of the CourtBellows, J.
The motion to quash the indictment was properly refused. By the Revised Statutes (ch. 215, sec. 10; Comp. Stat. 229, sec. 11), it is enacted that, “if any person shall willfully and maliciously kill, maim, wound, poison or disfigure any horse, cattle, sheep or swine of another, with intent to injure their owner, or any other person, he shall be punished by confinement to hard labor not less than one year nor more than three years, or by fine not exceeding $1000, and imprisonment in the common jail not exceeding one year.” This is correctly classed among offenses against property, which were…
2Cited by4 opinions
- State v. WarrenSupreme Court of New Hampshire · 1974
- State v. FowlerCourt of Appeals of North Carolina · 1974
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- People v. HeadleyDistrict Court, Virgin Islands · 1927