1 Tenn. 305 | Tenn. Sup. Ct. | 1808
Lead Opinion
Indictment for stabbing a horse, under the Act of 1803, c. 9. thought that the expressions used in the act made it necessary that there should be a personal dislike to the owner of the property.
Addendum
The acts of North Carolina and Tennessee respecting fences apply to civil and not criminal proceedings. The Act of 1803 c 9, is referable to the criminal code alone. The expressionswilful and malicious, under the act of stabbing, imply malice, nor is it material whether there is proof of malice against the owner of the property or not. When the act is in itself illegal, the law presumes evil intention But not so where the act is indifferent in itself.
Addendum
thought such an offence indictable before the passage of the act, and if the defendant should not be guilty under the statute, he might be so by the common law.
Verdict, guilty.
