32 Me. 183
Supreme Judicial Court of Maine
Decided July 1, 1850
Supreme Judicial Court of Maine · decided 1850-07-01
Exceptions from the District Court, Hathaway, J. presiding. Indictment under the thirteenth section of the one hundred sixty-second chapter of the Revised Statutes, entitled “ Of malicious mischief,” &c., for wilfully and maliciously destroying certain shop tools, the property of one Dexter. There was evidence tending to show that the defendants, in the night time, broke open the shop, and thew the tools into the river.
Cited by 1 later decisions — most recently June 1879
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1850-07-01
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¶1orally.—The request to the Judge assumed that, if certain acts would support a charge for larceny, they could not support an indictment for malicious mischief. But there is no such principle of law. This court has recently decided that-acts, which might have supported an indictment for arson, would support a charge for malicious mischief. The instruction requested was properly refused.
¶2Exceptions overruled.