Miller v. State
Court of Appeals of Georgia
Misdemeanor, from city court of Eloyd county — Judge Hamilton. October 38, 1908. The defendant was convicted of cruelty to animals, in that he .shot and killed a fice-dog belonging to Mr. Stanton, the prosecutor. ’The killing was admitted.
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Misdemeanor, from city court of Eloyd county — Judge Hamilton. October 38, 1908. The defendant was convicted of cruelty to animals, in that he .shot and killed a fice-dog belonging to Mr. Stanton, the prosecutor. ’The killing was admitted. The defendant, who was a boy, attempted to set up, in his defense, that his father had a large number ■of sheep; that throughout several months prior to the killing this •dog had been making raids upon these sheep and had killed eight ■or nine of them and had injured several more; that the dog was =so sly that when the defendant or his father would get in…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
Judge Hamilton, who tried the case in the court below and who-is usually so well versed in all matters of general jurisprudence,, seems to have gone wrong when he encountered the intricacies of' the dog law. He was doubtless misled by the precedents of the modern English cases, when he should have looked further back to the ancient’ wisdom of the common-law authorities. He seems-to have overlooked the provision of the canine code which makes the practices of egg-sucking and sheep-killing capital felonies. Such is the law, and so it has been so long that the…
2Cases cited15 opinions
- Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
- Biggs v. StateSupreme Court of Georgia · 1860
- Brent v. KimballIllinois Supreme Court · 1871
- Drysdale v. StateSupreme Court of Georgia · 1889
- Hubbard v. PrestonMichigan Supreme Court · 1892
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3Cited by4 opinions
- Johnston v. WilsonCourt of Appeals of Georgia · 1924
- Maxwell v. StateCourt of Appeals of Georgia · 1934
- Ward v. BengeCourt of Appeals of Georgia · 1964
- Wilson v. StateCourt of Appeals of Georgia · 1945