Parker v. State

(concurring). — Under the evidence in this case, the defendant could have been convicted under either Section 7359 or Section 7360, Comp. Gen. Laws of 1920. The prosecution in this case was under Section 7359 which makes it a criminal offense to “willfully and ^maliciously” kill, maim or disfigure any horse, cattle or other beast of another person.

Section 7360 makes it a criminal offense to “willfully and wantonly and without malice toward the owner,” kill, maim or disfigure any of such animals.

The word “maliciously” as used in Section 7359 C. G. L., does not appear to have been construed by…