State v. Minor
North Dakota Supreme Court
Appeal from District Court, Williams County; GosSj J. Moses Minor was convicted of malicious mischief, and he appeals. Acts done in good faith are not malicious in a legal sense. State v. Flynn, 28 Iowa, 26; Sattler v. People, 59 111. 68; State v. New-kirk, 49 Mo. 84; State v. Hause, 71 N-. C. 518; Goforth v. State, 8 Humph., 37; Palmer v. State, 45 Ind. 388; The King v. Langford, 1st C. & M., 602. An unlawful act intentionally done, without cause, is malice.
Read the full summary
Appeal from District Court, Williams County; GosSj J. Moses Minor was convicted of malicious mischief, and he appeals. Acts done in good faith are not malicious in a legal sense. State v. Flynn, 28 Iowa, 26; Sattler v. People, 59 111. 68; State v. New-kirk, 49 Mo. 84; State v. Hause, 71 N-. C. 518; Goforth v. State, 8 Humph., 37; Palmer v. State, 45 Ind. 388; The King v. Langford, 1st C. & M., 602. An unlawful act intentionally done, without cause, is malice. State v. Grassier, 74 Mo. App. 313; Commonwealth v. York, 50 Mass. 93 ; State v. Foote, 71 Conn. 737.
1Opinion of the CourtFisic, J.
The defendant was convicted in the district court of Williams county of the crime of malicious mischief, and from the judgment imposing a fine against him of $25, and costs taxed at $50, he prosecutes this appeal.
The information, omitting the formal parts, is as follows: “On the 7th day of September, 1905, at the county of Williams, in the state of North Dakota, one Moses Minor, late of the county of Williams and state aforesaid, did commit the crime of malicious mischief, committed in the manner following, to-wit: That at the said time and place the above-named defendant, willfully,…
2Cases cited6 opinions
- Commonwealth v. WilliamsMassachusetts Supreme Judicial Court · 1872
- State v. JohnsonWyoming Supreme Court · 1898
- State v. BoiesSupreme Court of Kansas · 1903
- Nutt v. StateTexas Supreme Court · 1857
- Barlow v. StateIndiana Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wiggin v. StateWyoming Supreme Court · 1922
- Rosenberg v. StateCourt of Appeals of Maryland · 1933
- State v. ChyleNorth Dakota Supreme Court · 1980
- Colbert v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Hummel v. StateCourt of Criminal Appeals of Oklahoma · 1940
5 more not listed; retrieve them via the Exa API.