Newton v. State

The appellant was indicted, under article 2344, Paschal’s Digest, for malicious mischief in killing a certain white-spotted cow of the value of $15, the property of Jasper Miller, and with intent to injure the owner.

The charge in full, as given by the court to the jury, is in the following words and figures, to wit:

“ Charge of the Court. Whenever any injury is done by one person to the property of another, by shooting his cow or other animal, the intent to injure the owner of the animal is presumed; and it rests with the person inflicting the injury to show the accident or innocent intention.…