Sosat v. State

The appellant was tried and convicted for unlawfully, maliciously and mischievously killing a dog, the property of the prosecuting witness. It was not averred that the dog was duly listed for taxation. The appellant insists that the absence of this averment vitiates the charge.

The law of malicious trespass contained in the revision of 1881, is as follows:

“ Whoever maliciously or mischievously injures or causes to be injured any property of another, or any public prop*587erty, is guilty of a malicious trespass, and, upon conviction thereof, shall be fined not more than two-fold the value of the…