Legal Opinion

State v. . Neal

Supreme Court of North Carolina

Decided February 5, 1897PublishedCited by 17 opinions

INDICTMENT for cruelty to animals, tried before Norwood, and a jury, at Fall Term, 1896, of Stanley Superior Court. defendant asked the following special instructions: “(1) That chickens are not embraced in the list of animals authorized to be impounded under our Statute in stock-law territory; and, therefore, if the jury believed that the defendant had notified the prosecutor to keep his chickens from trespassing on defendant’s crop, that defendant had made reasonable…

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INDICTMENT for cruelty to animals, tried before Norwood, and a jury, at Fall Term, 1896, of Stanley Superior Court. defendant asked the following special instructions: “(1) That chickens are not embraced in the list of animals authorized to be impounded under our Statute in stock-law territory; and, therefore, if the jury believed that the defendant had notified the prosecutor to keep his chickens from trespassing on defendant’s crop, that defendant had made reasonable efforts to prevent the injury to his crop without killing the chickens or otherwise injuring them, but that prosecutor…

1Opinion of the Court

ClaRK, J.:

This is an indictment for cruelty to animals, to-wit: Sundry Stanly county chickens, “dame, villatic fowl,” as Milton styles them in stately phrase. The prosecutor and defendant lived very near to each other and their chickens were exceedingly sociable, visiting each other constantly. But after the defendants had sown their peas they had no peace, for the prosecutor’s chickens became lively factors in disturbing both. The younger defendant, Oscar, as impetuous as his great namesake, the son of Ossian, pursued one of the prosecutor’s chickens clear across rhe lot of another neighbor,…

2Cases cited14 opinions

  1. State v. . WillisSupreme Court of North Carolina · 1868
  2. State v. . RileySupreme Court of North Carolina · 1893
  3. State v. . RollinsSupreme Court of North Carolina · 1893
  4. State v. . WoolardSupreme Court of North Carolina · 1896
  5. Clark v. KeliherMassachusetts Supreme Judicial Court · 1871

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3Cited by17 opinions

  1. State v. KincaidSupreme Court of North Carolina · 1922
  2. Willeford v. Bailey.Supreme Court of North Carolina · 1903
  3. State v. . HesterSupreme Court of North Carolina · 1898
  4. State v. . KincaidSupreme Court of North Carolina · 1922
  5. Dodson v. . MockSupreme Court of North Carolina · 1838

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