Wright v. State
Supreme Court of Georgia
Indictment for Malicious Mischief, in Warren Superior Court. Tried before Judge Thomas, at April Term, 1860. The plaintiff in error was indicted for malicious mischief, in the shooting and killing a mule belonging to John T. Baker. Dr. Baker, the owner of the mule, testified: That defendant told him that he shot the mule some time last summer; said he shot him for getting into his corn field, and while he was in the field.
Read the full summary
Indictment for Malicious Mischief, in Warren Superior Court. Tried before Judge Thomas, at April Term, 1860. The plaintiff in error was indicted for malicious mischief, in the shooting and killing a mule belonging to John T. Baker. Dr. Baker, the owner of the mule, testified: That defendant told him that he shot the mule some time last summer; said he shot him for getting into his corn field, and while he was in the field. The mule was worth one hundred dollars; the mule was shot in his hind parts; was brought home, and died; the only corn field defendant had adjoined witness’ farm, and was…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
"We think the proposed evidence of the mule’s thievish and unmanageable character was improperly rejected. It was material, by way of support, to the other evidence which showed that Wright’s motive in shooting the mule, was a desire to protect his crop, and not either ill-will to the owner or cruelty to the mule. The whole evidence against Wright was his own admission that he had shot the mule. This admission was coupled with a statement that he had shot him to keep him out of his corn-field, and that the mule was in his field when he shot…
2Cited by7 opinions
- State v. JohnsonWyoming Supreme Court · 1898
- State v. PraterMissouri Court of Appeals · 1908
- Moore v. StateSupreme Court of Georgia · 1904
- Fears v. StateArizona Supreme Court · 1928
- Carstarphen v. StateSupreme Court of Georgia · 1900
2 more not listed; retrieve them via the Exa API.