Wallis v. Mease
Supreme Court of Pennsylvania
¡'So long as -wild bees remain in the tree where they have hived, notwithstanding the tree is upon the land of an individual, and lie lias confined them in it, they are not the sub. jccl of a felony; and therefore proof of their having been taken with their honey from fcuch a tree by a third person, is not a justification of words imputing a felony to such third ' ' After the words l;u dm the declaration are proved, the plaintiff may , give in evidence other words, tamable…
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¡'So long as -wild bees remain in the tree where they have hived, notwithstanding the tree is upon the land of an individual, and lie lias confined them in it, they are not the sub. jccl of a felony; and therefore proof of their having been taken with their honey from fcuch a tree by a third person, is not a justification of words imputing a felony to such third ' ' After the words l;u dm the declaration are proved, the plaintiff may , give in evidence other words, tamable in themselves, and spoken since tile suit brought, to shew the malice of the defendant, ; j THI5 was an appeal from the…
1Opinion of the Court
Tilghman C. J.
This is an action of slander for calling the plaintiff a thief. The defendant pleaded not guilty, with leave to justify. Two exceptions are taken to the opinion of the judge, before whom the cause was tried. In the first place he charged the jury, that the plaintiff could not be guilty of felony, by taking a swarm of bees and their honey from the tree of another man, which the owner of the tree had reduced to possession, by confining them while in the top of the tree.
I believe there is no instance of a man’s being convicted of felony in Pennsylvania for an act of this kind. It…
2Cited by12 opinions
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- Gribble v. Pioneer Press Co.Supreme Court of Minnesota · 1885
- Williams v. MinerSupreme Court of Connecticut · 1847
- Scott v. McKinnishSupreme Court of Alabama · 1849
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