State v. . Manuel
Supreme Court of North Carolina
INDICTMENT, for malicious mischief, tried before Buxton, Ji, at Spring Term, 1874-, of Cumberland Superior Court. On the trial below, the State introduced evidence, tending to show a condition of ill-feeling between the defendant and the prosecutrix, Sylvia Jenkins; that he had made threats of injury to her person and property; that in August, 1873, he had killed a couple of her hogs and had chopped her ox on the hip with an axe, giving the animal a serious wound, which had^…
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INDICTMENT, for malicious mischief, tried before Buxton, Ji, at Spring Term, 1874-, of Cumberland Superior Court. On the trial below, the State introduced evidence, tending to show a condition of ill-feeling between the defendant and the prosecutrix, Sylvia Jenkins; that he had made threats of injury to her person and property; that in August, 1873, he had killed a couple of her hogs and had chopped her ox on the hip with an axe, giving the animal a serious wound, which had^ to be sowed up, and which disabled the ox from work until iji recovered, which it eventually did. There ivas also…
1Opinion of the CourtBynum, J.
This indictment is not founded on the statute, Bat. Rev. chap. 82, secs. 94, 95, but is at common law; and the question is, is it an indictable offence at common law, to wound oat tie maliciously.
It has been held in this State, indictable to set fire to and burn tar in barrels, to kill a steer, and to kill a dog with malice towards the owner, State v. Simpson, 2 Hawks, 460; State v. Scott, 2 Dev. and Bat. 35; State v. Latham, 13 Ired. 33; and to burn plows and harness, State v. Jackson, 12 Ired. 329. But in all these cases the property was killed or destroyed; and no caséis to be found in our…
2Cases cited1 opinion
- Loomis v. Edgerton & SykesNew York Supreme Court · 1838
3Cited by3 opinions
- State v. Martin.Supreme Court of North Carolina · 1906
- People v. OlsenUtah Supreme Court · 1889
- State v. Frisbee.Supreme Court of North Carolina · 1906