4 D.C. 483
Decided November 15, 1834
The indictment averred that the defendant, “ unlawfully, wantonly, and cruelly, in the public street in the city of Washington, in the same county, and in a public place in the city of Washington in said county, and near the public streets of said city, and dwellings of the citizens thereof, and in view of the said streets and dwellings and said citizens, in said county, did cruelly with clubs and stones, beat, strike, and grievously wound and kill a certain cow, then and…
Decided 1834-11-15
¶1refused to quash the indictment.
¶2Upon the trial, the defendant’s counsel contended that it was necessary to prove that the cow died of that beating.
¶3But the Court refused to give the instruction ; and at the prayer *484of the Attorney of the United States, instructed the jury that the gist of the offence was the public cruelty to the common nuisance, and it was not necessary for the United States to prove that the cow died of the beating.