State v. . Deal
Supreme Court of North Carolina
This was an indictment against the defendant, tried at Spring Term, 1885, of Burke Superior Court, before Avery, Judge. The defendant was charged with injuring, abusing and killing a cow, the property of Dulena Moody, in an enclosure not surrounded by a lawful fence, in violation of section 1003 of The Code.
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This was an indictment against the defendant, tried at Spring Term, 1885, of Burke Superior Court, before Avery, Judge. The defendant was charged with injuring, abusing and killing a cow, the property of Dulena Moody, in an enclosure not surrounded by a lawful fence, in violation of section 1003 of The Code. The prosecutrix testified that her cow was shot on the side and shoulder and badly injured on the 6th day of January, 1884;-that the.cow did not give any milk for a month afterwards,, and that she had given two gallons a day previous to that time. One James Moody, a witness for the State,…
1Opinion of the CourtAshe, J.
(after stating the facts). We are of the opinion the instruction asked by the defendant should have been given to the jury, and it was error in the Court to refuse it.
The defendant is indicted under section 1003 of The Code, which reads as follows: “If any person shall wilfully and unlawfully kill or abuse any horse, mule, hog, sheep or other cattle, the property of another, in any enclosure not surrounded by a lawful fence, such person shall be guilty of a misdemeanor and fined and imprisoned at the discretion of the Court.”
In an indictment under a statute, w'here the words of the statute…
2Cases cited1 opinion
- State v. . KeeslerSupreme Court of North Carolina · 1878
3Cited by12 opinions
- State v. BosworthSupreme Court of Iowa · 1915
- State v. CoxSupreme Court of North Carolina · 1956
- State v. . CarpenterSupreme Court of North Carolina · 1917
- State v. . EdwardsSupreme Court of North Carolina · 1925
- Philyaw v. City of BirminghamAlabama Court of Appeals · 1951
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