Legal Opinion

Davis v. Commonwealth

Supreme Court of Virginia

Decided January 15, 1867PublishedCited by 6 opinions

This was -an indictment in the Circuit court of Pittsylvania county against Sim-eon B. Da.vis for .unlawfully, but not felo-niously, killing a dog, the property of James C. Riqketts. On. the trial- the defendant moved the court to instruct the jury, that a- criminal prosecution cannot be sustained for the destruction of dogs.

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This was -an indictment in the Circuit court of Pittsylvania county against Sim-eon B. Da.vis for .unlawfully, but not felo-niously, killing a dog, the property of James C. Riqketts. On. the trial- the defendant moved the court to instruct the jury, that a- criminal prosecution cannot be sustained for the destruction of dogs. But the court overruled the motion; and the plaintiff excepted. •There was a verdict and judgment for the commonwealth for.ten dollars, And thereupon -Davis.applied to this court for a writ of error; -which was awarded..'

1Opinion of the Court

MONCURB},' P.

-The pláihtiff in error was .convicted diT'an 'indictment charging 'him with''having unlawfully, bu't not felo-niously, killed and-destroyed á dbg, the property'of another; and the question is, whether a dog: is property tvithin the'meafling of the Code; .ch; 192, § S3, 'p.' 79'6; oh‘which the indictment ;was founded?

That' section, so'far as it is material to be stated, declares that íf a person “unlawfully,' but' not” feloniously, take and carry away ‘or destroy; deface or injure any '*propérty, real' or personal1, not his ovin',. he shall, be deemed guilty of a ' misdemeanor. ’…

2Cases cited1 opinion

  1. Parramore v. TaylorSupreme Court of Virginia · 1854

3Cited by6 opinions

  1. Bank of Weston v. ThomasWest Virginia Supreme Court · 1914
  2. State v. Blake and SmithWest Virginia Supreme Court · 1924
  3. Carter v. Reserve Gas Co.West Virginia Supreme Court · 1919
  4. State v. BlazovitchWest Virginia Supreme Court · 1921
  5. State v. LarkinWest Virginia Supreme Court · 1929

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