State v. Brigman
Supreme Court of North Carolina
INDICTMENT, tried before MacHae, Judge, and a jury, at Fall Term, 1885, of .the Superior Court of RICHMOND county. The defendant is charged with the wanton and wilful killing of a cow, belonging to one Seth Andrews, made an offence under the Act of December, 13, 1876, (The Code, §1082), as amended by the Act of February, 10, 1885, ch. 53. In its amended form, the statute declares, that “If any person shall, wantonly and wilfully, injure the personal property of another, he…
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INDICTMENT, tried before MacHae, Judge, and a jury, at Fall Term, 1885, of .the Superior Court of RICHMOND county. The defendant is charged with the wanton and wilful killing of a cow, belonging to one Seth Andrews, made an offence under the Act of December, 13, 1876, (The Code, §1082), as amended by the Act of February, 10, 1885, ch. 53. In its amended form, the statute declares, that “If any person shall, wantonly and wilfully, injure the personal property of another, he shall be guilty of a misdemeanor, whether the property be destroyed or not, and shall be punished by fine or…
1Opinion of the Court
SMITH, C. J.,
(after stating the facts). The sole question then is, whether the shooting and killing the cow under the circumstances detailed, and for the purposes mentioned, is “wanton and wilful” within the contemplation of the statute, and more especially, was it “ wanton f” To he criminal, the act must possess both qualities. It was certainly wilful, for it was the development of a preconceived purpose, not an impulse of anger, excited by unexpectedly seeing a repetition of the annoying trespasses. But more is required to constitute the indictable offence. The act must not only be of…
2Cases cited1 opinion
- Welch v. DurandSupreme Court of Connecticut · 1869
3Cited by16 opinions
- Bailey v. North Carolina R. R.Supreme Court of North Carolina · 1908
- Everett v. Receivers of Richmond & Danville RailroadSupreme Court of North Carolina · 1897
- State v. . MorganSupreme Court of North Carolina · 1887
- State v. Martin.Supreme Court of North Carolina · 1906
- State v. . NealSupreme Court of North Carolina · 1897
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