Murphy v. State

Decided October 15, 1884

Mississippi Supreme Court · decided 1884-10-15

Hon. C. H. Campbell, Judge. Albert Murphy was indicted under § 2917 of the Code of 1880 for cutting and wounding two oxen belonging to John Stephens. The evidence at the trial tended to show these facts : Murphy, who was in the employ of a man named Carlisle, was sent by the hitter to drive cattle out of the latter’s cornfield, and while driving out the cattle he cut and wounded Stephens’ oxen.

Decided 1884-10-15

Campbell, C. J.,

¶1delivered the opinion of the court.

¶2The 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.

¶3The 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.

¶4Judgment affirmed.