Hobson v. State
Cases that cite this one
8 later published cases cite this decision.
- Lewis v. State (Okla. Crim. App. 1933)
- Wiggin v. State (Wyo. 1922)
- People v. Valdés (Supreme Court of Puerto Rico 1916)
- Pueblo v. Valdés (Supreme Court of Puerto Rico 1916)
- State v. Leslie (Iowa 1908)
- State v. Prater (Mo. Ct. App. 1908)
- State v. Coleman (Utah 1905)
- People v. Olsen (Utah 1889)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The appellant was prosecuted under §3733 of the Revised Code, for malicious injury to animals.
The real essence of this offense is malice towards the owner of the animal injured. — Northcot v. The State, 43 Ala. 330; Hill v. The State, 43 Ala. 335; 37 Ala. 459; 7 Ala. 728.
The two charges asked should have been given.
It is not indispensable to a conviction that the defendant did or said any thing, either before or after the commission of the act, indicative of express malice towards the owner. Malice may be inferred, if the injury is unlawful, from the instrument used or the wantonness of the deed, and from any attendant circumstances which would justify the inference in other crimes where malice is an essential constituent.
The judgment is reversed and the cause remanded. The prisoner will be kept in custody until discharged by due course of law.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.