State v. Johnson
Wyoming Supreme Court
Reserved questions from tbe District Court, ITinta County. Hon. David H. Ckaig, Judge. B. A. Johnson was charged with malicious trespass under the statute.
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Reserved questions from tbe District Court, ITinta County. Hon. David H. Ckaig, Judge. B. A. Johnson was charged with malicious trespass under the statute. There was an agreed statement of the evidence, and the district court reserved four questions for the decision of this court as follows: 1. Is the act of driving a herd of sheep across the land of another, which is uninclosed, unfenced, unimproved, and entirely in a state of nature, a trespass under the laws of this State ? 2. Is such an act punishable under Sec. 61 of the Crimes Act, Session Laws, 1890 ? 3. Is such driving a malicious…
1Opinion of the CourtCoen, Justice
(after stating the facts as above).
If this were a civil action for damages, a part of the questions would become important which in this case, involving only the construction of a criminal statute, it will be unnecessary for us to decide. It is very well settled that the mere roaming of cattle and other domestic animals upon uninclosed private lands in the Western country does not constitute a trespass. A distinction has been insisted upon in the case of sheep, which are not permitted to roam at will, but are herded and directed by a shepherd; and it is maintained that when they are driven…
2Cases cited4 opinions
- Commonwealth v. WilliamsMassachusetts Supreme Judicial Court · 1872
- Duncan v. StateMississippi Supreme Court · 1873
- Wright v. StateSupreme Court of Georgia · 1860
- Lossen v. StateIndiana Supreme Court · 1878
3Cited by18 opinions
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Keats v. StateWyoming Supreme Court · 2003
- Braunstein v. Robinson Family Ltd. Partnership LLPWyoming Supreme Court · 2010
- Wiggin v. StateWyoming Supreme Court · 1922
- Martin v. Platte Valley Sheep Co.Wyoming Supreme Court · 1904
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