127 Ga. 821 | Ga. | 1907
Moody was tried for the offense of malicious mischief, and convicted. He was tried under an indictment which
The accused was indicted under the general section of the Penal Code upon the subject of malicious mischief (§729). That section reads as follows-: “All other acts of willful and malicious mischief, in the injuring or destroying any public or private property not herein enumerated, shall be misdemeanors.” It is contended, as we have seen, that the trespass notice which the. accused, as the evidence showed, mutilated and partially destroyed was not property, the argument being that it had no value, and that a thing which has no value can not be property. In a prosecution for malicious mischief it is generally- unnecessary to allege the value of the thing injured or destroyed. 13 Enc. Pl. & Pr. 414, and eases
Many and varied have been the definitions which courts have given to the word “property,” as used in constitutions and stat
The contention that as the trespass notice was on a telephone pole "it could not, therefore, have been on the land of the prosecutor, as the telephone company must have . . owned the line and pole and the right of way with the same,” is without merit. The prosecutor testified that the notice was his property and was on his land; and there was no evidence to the contrary. From the evidence, therefore, the telephone pole must have been on his land; and there is nothing in the evidence to show that it was not his pole. The evidence fails to show the existence of a telephone company, or even a telephone line. If there was a telephone line over the prosecutor’s land, he may, so far as the evidence shows,
Judgment affirmed.