US SUPREME COURT DECISIONS

The Defendant had been convicted in the county of Berks upon an indictment for maliciously, wilfully, and wickedly killing a Horse; and upon a motion in arrest of Judgment, it came on to be argued, whether the offence, so laid, was indictable?

Sergeant, in support of the motion, contended that this was an injury of a private nature, amounting to nothing more than a Trespass; and that to bring the case within the general rule of indictments

Page 1 U.S. 335, 336

for the protection of society, it was essential that the injury should be stated to have been perpetrated secretly, as well as maliciously; which, last he said was a word of mere form, and capable of an indefinite application to every kind of mischief. To show the leading distinction between Trespasses, for which there is a private remedy, and crimes for which there is a public prosecution, he cited Hawk. Pl. Cr. 210. lib. 2. c. 22. s. 4. And he contended that the principle of several cases, in which it was determined an indictment would not lie, applied to the case before the Court. 2 Stra. 793. 1 Stra. 679. [1 U.S. 335, 337]

Full Text of Opinion