Colbert v. State
Court of Criminal Appeals of Oklahoma
Appeal from Johnston County Court; Nick Wolfe. Judge. Ben H. Colbert was convicted of malicious mischief, and his punishment was assessed at a fine of $50, and he appeals. Upon the trial of this cause appellant requested the court to instruct the jury as follows: “(1) You are instructed that, this being an information for malicious mischief, malice is a necessary ingredient to be proved, or made to appear from the facts or circumstances proved.
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Appeal from Johnston County Court; Nick Wolfe. Judge. Ben H. Colbert was convicted of malicious mischief, and his punishment was assessed at a fine of $50, and he appeals. Upon the trial of this cause appellant requested the court to instruct the jury as follows: “(1) You are instructed that, this being an information for malicious mischief, malice is a necessary ingredient to be proved, or made to appear from the facts or circumstances proved. Without this ingredient, the crime is not complete, and the act complained of would be only a trespass, for which the party or parties injured would…
1Opinion of the CourtEurman, P. J.
The information in this case is based on section 2692, Comp. Laws 1909:
“Malicious Mischief. — Every person who maliciously injures, defaces or destroys any real or personal property not his own, in cases other than such as are specified in the following sections, is guilty of a misdemeanor, and in addition to the punishment prescribed therefor, he is liable in treble damages fot the injury done, to be recovered in a civil action by the owner of such property or public officer having charge thereof.”
This section was evidently intended to protect the owner of property, and was not meant to…
2Cases cited14 opinions
- Northcot v. StateSupreme Court of Alabama · 1869
- Harvey v. DewoodySupreme Court of Arkansas · 1856
- Sattler v. PeopleIllinois Supreme Court · 1871
- Commonwealth v. ColeSupreme Court of Pennsylvania · 1856
- Hobson v. StateSupreme Court of Alabama · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rosenberg v. StateCourt of Appeals of Maryland · 1933
- Rea v. Motors Ins. CorporationNew Mexico Supreme Court · 1944
- Hummel v. StateCourt of Criminal Appeals of Oklahoma · 1940
- Moran v. StateCourt of Criminal Appeals of Oklahoma · 1957
- Lary v. StateCourt of Criminal Appeals of Oklahoma · 1931
8 more not listed; retrieve them via the Exa API.