State v. Watts
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Greenwood District. Hon. G. S. Cunningham, Judge. The appellee was charged with malicious mischief in destroying a telephone line. Tr., 4&5- A demurrer to it was sustained. Tr., 6. At the time the offense was committed the statute making such lines the subject of the offense charged was not passed. But the malicious destruction of any class of property completes the offense at the common law.
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APPEAL from Sebastian Circuit Court, Greenwood District. Hon. G. S. Cunningham, Judge. The appellee was charged with malicious mischief in destroying a telephone line. Tr., 4&5- A demurrer to it was sustained. Tr., 6. At the time the offense was committed the statute making such lines the subject of the offense charged was not passed. But the malicious destruction of any class of property completes the offense at the common law. In the case of Loomis v. Edgerton, 19 Wend., ¡¡.19, it is said that a frequent reference to statute authority for this crime by no means showed that the common law…
1Opinion of the CourtBattle, J.
Levi Watts was indicted in the Sebastian circuit court, for the Greenwood district, for malicious mischief committed by him on the 10th day of February, 1885, in the Greenwood district, by then and there unlawfully, wilfully, maliciously and mischievously cutting, tearing down,injuring and breaking the telephone wire of the Fort Smith, Greenwood aud Waldron Telephone Company, it being of the value of fifty-five dollars. He demurred to the indictment, and the court sustained the demurrer and discharged him., The only question in this case is, was the act charged in / the indictment an…
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- State v. McLainMissouri Court of Appeals · 1902
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