Legal Opinion

State v. Harriman

Supreme Judicial Court of Maine

Decided February 9, 1884PublishedCited by 10 opinions

ON exceptions by the respondent to the ruling of the court in overruling a demurrer to the indictment. (Indictment.) "State of Maine, Lincoln, ss. — At the Supreme Judicial Court begun and holden at Wiscasset, within and for the county of Lincoln,'on the fourth Tuesday of October, in the year of our' Lord one thousand eight hundred and eighty-two.

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ON exceptions by the respondent to the ruling of the court in overruling a demurrer to the indictment. (Indictment.) "State of Maine, Lincoln, ss. — At the Supreme Judicial Court begun and holden at Wiscasset, within and for the county of Lincoln,'on the fourth Tuesday of October, in the year of our' Lord one thousand eight hundred and eighty-two. " The jurors for said state, upon their oath present, that Clifford Harriman, of Waldoboro, in said county of Lincoln, at-Waldoboro in said county of Lincoln, on the twenty-fourth day of July, in the year of our Lord one thousand eight hundred and'…

1Opinion of the CourtDanforth, J.

Demurrer to an indictment found under R.. S., c. 127, § 1, which provides for killing or wounding " domestic animals.” The indictment alleges the killing a dog. Therefore the question involved is, not whether any particular dog or any number of dogs have become so domesticated as to be called, domestic animals, but whether as a class they may properly be-so called in distinction from that class known in law as ferae• naturae. If the dog belongs to the latter class the indictment must foil for the statute does not cover that class. A distinction has been recognized in the law between the two…

2Cases cited1 opinion

  1. Blair v. ForehandMassachusetts Supreme Judicial Court · 1868

3Cited by10 opinions

  1. James Tracey Miller v. Clark County Edward J. Bylsma, in His Capacity as a Police Officer for Clark County and as an IndividualCourt of Appeals for the Ninth Circuit · 2003
  2. Roos v. LoeserCalifornia Court of Appeal · 1919
  3. Patton v. StateSupreme Court of Georgia · 1894
  4. State v. LeonardSupreme Judicial Court of Maine · 1984
  5. Henderson v. LancasterLouisiana Court of Appeal · 1925

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