State v. . Hill
Supreme Court of North Carolina
IndictmeNT for injury to live stock under Bat. Rev., ck. 32, § 94, tried at February Term, 1878, of New Hanover Criminal Court, before Meares, J. The indictment contains two counts, — tbe first count •charges that defendant unlawfully, wilfully, and maliciously injured a cow belonging to Lee Samuel, and concludes at common law; the second count charges that he did, unlawfully and on purpose, kill, maim and injure live stock running at large in the range, the property of Lee…
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IndictmeNT for injury to live stock under Bat. Rev., ck. 32, § 94, tried at February Term, 1878, of New Hanover Criminal Court, before Meares, J. The indictment contains two counts, — tbe first count •charges that defendant unlawfully, wilfully, and maliciously injured a cow belonging to Lee Samuel, and concludes at common law; the second count charges that he did, unlawfully and on purpose, kill, maim and injure live stock running at large in the range, the property of Lee Samuel, and others whose names are unknown, and concludes as required in statutory offences; The defendant pleaded not…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) There-are numerous exceptions taken to the form of indictment and to the sufficiency of the evidence to sustain its allegations :—
The first count is fatally defective at common law, in that, it fails to charge the injury to have been done to the cow, mischievously or from malice to the owner. State v. Scott, 2 Dev. & Bat. 35; State v. Helmes, 5 Ire. 364; State v. Jackson, 12 Ire. 329. Nor can»it be sustained under the statute for want of an averment that it was “ contrary to the form of the statute.”
There vas no evidence that any cow was injured, belonging…
2Cases cited2 opinions
- State v. Harper.Supreme Court of North Carolina · 1870
- State v. . EnglandSupreme Court of North Carolina · 1878
3Cited by25 opinions
- State v. AlbartySupreme Court of North Carolina · 1953
- State v. . HarbertSupreme Court of North Carolina · 1923
- State v. GallimoreSupreme Court of North Carolina · 1968
- State v. . CarlsonSupreme Court of North Carolina · 1916
- State v. . LawSupreme Court of North Carolina · 1946
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