Murphy v. State
Mississippi Supreme Court
Murphy v. State, 62 Miss. 97 (Miss. 1884)
Campbell
Murphy v. State
Opinion of the Court
delivered the opinion of the court.
The court instructed the jury with substantial accuracy that, if the defendant were otherwise guilty under § 2917 of the Code, and-would shield himself from its penalty on the ground of full compensation to the owner of the oxen, he must show payment or tender of the sum awarded as compensation, unless the jury believed that the owner had accepted the assumpsit of Mr. Carlisle of the amount as satisfaction.
The question was fairly submitted to the jury, and while there is some ground for surprise that the verdict was not for the defendant, we are unwilling to disturb it.
Judgment affirmed.
Reference
- Full Case Name
- Albert Murphy v. State
- Status
- Published
- Syllabus
- Malicious Mischief. Prosecution under $ 2917, Code 1880. Award of compensation. Instruction. M. wounded S.’s ox for getting in C.’s field. C. and S. submitted the matter to arbitrators, who-fixed the amount due the former for the damage to his ox. O. promised to pay the sum awarded, but did not pay it, and M. was indicted under l 2917 of the Code of 1880. The evidence tended to show that S. had accepted C.’s assumpsit in satisfaction of the award. Held, that it was proper under the statute referred to, which allows the tort feasor to avoid the penalty therein provided by proof of having “ paid or tendered to the owner of the animal full compensation for the injury inflicted,” for the court to instruct the jury that the defendant, in order to get the benefit of this provision, must show payment or tender of the amount awarded, or that S. accepted the assumpsit of C. as satisfaction.