Legal Opinion

State v. . Brigman

Supreme Court of North Carolina

Decided February 5, 1886Published

1Opinion of the Court

The sole question then is, whether the shooting and killing the cow under the circumstances derailed, and for the purposes mentioned, is"wanton and wilful" within the contemplation of the statute, and more especially, was it "wanton?" To be criminal, the act must possess both qualities. It was certainly wilful, for it was the development of a preconceived purpose, not an impulse of anger, excited by unexpectedly seeing a repetition of the annoying trespasses. But more is required to constitute the indictable offence. The act must not only be of purpose, but it must also be wanton. What does…

2Cases cited8 opinions

  1. Bailey v. North Carolina R. R.Supreme Court of North Carolina · 1908
  2. Everett v. Receivers of Richmond & Danville RailroadSupreme Court of North Carolina · 1897
  3. Welch v. DurandSupreme Court of Connecticut · 1869
  4. State v. . MorganSupreme Court of North Carolina · 1887
  5. State v. Martin.Supreme Court of North Carolina · 1906

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