State v. Berry
South Dakota Supreme Court
Appeal from 'Circuit Court, 'Douglas 'County. Hon. Robert B. Tripp, Judge. The defendant, James H. Berry, was informed against for maliciously killing a dog, the property of another. From a judgment sustaining a demurrer to the information, the state appeals. (2) To point two of the opinion, Appellant cited: Sec. 3628, Rev. Code 1919; Territory v. Crozier, 6 Dak. 8; R. C. S. "Sec. 109. Respondent cited: State v. T’arlton, 22 S. D. 495; 118 N. W. 706.,,
1Opinion of the CourtWhiting, J.
This appeal is from a judgment on demurrer to a criminal information. Section 4323, Rev. Code 1919, provides that—
“Every person who maliciously kills, * * * any animal * * *, the property of another * * * is guilty of a misdemeanor.”
The information before us charged that this respondent—
“did commit the crimle of * * * killing a dog as follows: That the said James ¿H. Berry (on the date and at the place named) did unlawfully, maliciously and wilfully * * * kill * * * one * * * dog, the property of one C. C. Atwater. * * * 33
[1,2] This information follows the wording of the statute, and it is…
2Cases cited8 opinions
- State v. PhippsSupreme Court of Iowa · 1895
- People v. TessmerMichigan Supreme Court · 1912
- State v. ChurchillIdaho Supreme Court · 1909
- State v. LindeSupreme Court of Iowa · 1880
- State v. LeslieSupreme Court of Iowa · 1908
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3Cited by3 opinions
- Wiggin v. StateWyoming Supreme Court · 1922
- State v. AudissSouth Dakota Supreme Court · 1945
- State v. AudissSouth Dakota Supreme Court · 1945