Bennefield v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. Tkis is an appeal from a judgment of conviction of malicious mischief, committed by shooting and wounding a mule trespassing in the enclosed grounds of the appellant. The proof tended to show that the fence around the enclosure where the mule was shot was not a lawful fence, — -that is, that it was not five feet high, — when the offense was committed.
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Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. Tkis is an appeal from a judgment of conviction of malicious mischief, committed by shooting and wounding a mule trespassing in the enclosed grounds of the appellant. The proof tended to show that the fence around the enclosure where the mule was shot was not a lawful fence, — -that is, that it was not five feet high, — when the offense was committed. The appellant offered to show on the trial that he shot the mule to protect his crop, and without malice toward the owner or the mule, which…
1Opinion of the CourtHughes, J.
(after stating the facts). The law, as found in Sandels & Hill’s Digest in the sections read to the jury by the court, seems to us to be too plain to require comment or construction. Eor a case in point, we refer to the case of Snap v. People, 19 Ill. 80. Under our statute, it is malicious mischief to kill or wound any animal of another, the stealing of which is larceny, with or without malice toward the owner of the animal, if the killing or wounding of the animal is done unlawfully, maliciously, or wantonly.
Astodefenses to mfscweff when error not prejudiciai. witness may restate testimony.
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2Cases cited1 opinion
- Snap v. PeopleIllinois Supreme Court · 1857
3Cited by9 opinions
- Gardner v. StateSupreme Court of Arkansas · 1978
- Midwest Lime Co. v. Independence County Chancery CourtSupreme Court of Arkansas · 1977
- Golf v. StateSupreme Court of Arkansas · 1977
- Tallman v. StateSupreme Court of Arkansas · 1921
- Reinman v. WorleySupreme Court of Arkansas · 1916
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