State v. . Allen

Supreme Court of North Carolina

State v. . Allen

72 N.C. 114

DecidedJanuary 5, 1875

StatusPublished

This text of 72 N.C. 114 (State v. . Allen) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Allen, 72 N.C. 114 (N.C. 1875).

Pincite

Opinion

PeaRson, C. J.

The indictment charges, “ the defendant did maliciously pursue a cow, the property of one Thomas Cassel,. with the intent, unlawfully and wickedly to kill said cow, and did kill her.”

There are no sufficient averments, to make this act amount to malicious mischief, or to bring it within the operation of' any statute. So it is merely an injury to personal property, to be redressed by a civil action for damages. The judgment of the Court below is affirmed. It may be that the effect of the *115 homestead and personal property exemption, will make it necessary to enlarge the list of misdemeanors, in order to give protection to the rights of persons and the rights of things, which have heretofore been sufficiently guarded by civil action for damages. This is matter for the consideration of the legislative branch of the government: it is ours to declare the laws, not to make them.

Pee Cubiam. Judgment affirmed.

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PeaRson, C. J.

The indictment charges, “ the defendant did maliciously pursue a cow, the property of one Thomas Cassel,. with the intent, unlawfully and wickedly to kill said cow, and did kill her.”

There are no sufficient averments, to make this act amount to malicious mischief, or to bring it within the operation of' any statute. So it is merely an injury to personal property, to be redressed by a civil action for damages. The judgment of the Court below is affirmed. It may be that the effect of the *115 homestead and personal property exemption, will make it necessary to enlarge the list of misdemeanors, in order to give protection to the rights of persons and the rights of things, which have heretofore been sufficiently guarded by civil action for damages. This is matter for the consideration of the legislative branch of the government: it is ours to declare the laws, not to make them.

Pee Cubiam. Judgment affirmed.

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Bluebook (online)

72 N.C. 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-allen-nc-1875.