Legal Opinion

McClurg v. State

Court of Appeals of Georgia

Decided October 14, 1907No. 669PublishedCited by 5 opinions

Accusation of misdemeanor, from city court of Moultrie — JudgeShipp. July 1, 1907. Mrs. H. J. McClurg was convicted under an accusation charging her with having wilfully and maliciously injured and destroyed a certain gutter used to convey water from the well to the horse lot of B. J. Jones, and being the property of C. H. Christian and B. J. Jones. She excepted to the refusal of a new trial.

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Accusation of misdemeanor, from city court of Moultrie — JudgeShipp. July 1, 1907. Mrs. H. J. McClurg was convicted under an accusation charging her with having wilfully and maliciously injured and destroyed a certain gutter used to convey water from the well to the horse lot of B. J. Jones, and being the property of C. H. Christian and B. J. Jones. She excepted to the refusal of a new trial. The grounds of the motion for a new trial, besides those which complained of the verdict as contrary to law, evidence, etc., were as follows: “4th. The solicitor asked B. J. Jones, 'Who owns the…

1Opinion of the CourtRussell, J.

The turning point in this case is whether the trough or gutter which the plaintiff in error was alleged to have maliciously destined, and which she admitted she cut to pieces, was rightfully on the land of another, or whether it was being used (apparently wantonly) to stop up the only road she had to go to her home, and thus destroy her only means of ingress or egress from her property. The destruction of the property alleged in the accusation was admitted. The only other question that could arise in the case was, Avhether the destruction was malicious. If the gutter was on land on which it…

2Cases cited1 opinion

  1. Bleckley v. WhiteSupreme Court of Georgia · 1896

3Cited by5 opinions

  1. Livaditis v. American Casualty Co.Court of Appeals of Georgia · 1968
  2. Woods v. StateCourt of Appeals of Georgia · 1912
  3. Hayes v. StateCourt of Appeals of Georgia · 1913
  4. Conley v. StateCourt of Appeals of Georgia · 1978
  5. Conley v. StateCourt of Appeals of Georgia · 1978

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