Mischief

Injury, damage, detriment. barin.

Malicious mischief

Injury to private property amounting to a crime. Such damage as is done, not animo furandi, with an intention of gaining by anothei''s loss, but either out of a spirit of wanton cruelty or black and diabolical revenge.' The injury must have been done out of a spirit of wanton cruelty or wicked revenge.* It is difficult to state "with precision "what acts constitute malicious mischief at common law. The subject has been so much legislated upon, and at such an early day, that its common-law limits are indistinct. Blackstone classes it with larceny and forgery, and, after defining it as above, adds that "any damage arising from this mischievous disposition, though only trespass at common law, is now, by a multitude of statutes, made penal in the highest degree " — several statutes having elevated the offense to a felony. Some judges, giving "trespass," as there used7its modern meaning, have denied, against the weight of authority, that the offense 6f malicious mischief exists under the common law of this country. But Blackstone meant by that word what we mean by " misdemeanor." The offense includes malicious physical injuries to the rights of another which impair utility or materially diminish value. Thus, it has been considered an offense at common law maliciously — to destroy another's horse, cow, or other beast; to cast a carcass into a well in use; to poison chickens; to tear up a promissory note; to break a window; to set,fire to barrels of tar; to destroy a corn crib; to injure trees or plants; to break up a boat; to deface tombs; to strip a building of pipes or sheeting; to injure a telephone wire.^ > See Smith «.

State, 33 Me. 60 (1851); Commonwealth V. Ea Uing, 113 Pa. 37(1886). 2,L. miscere, to mix; genere, to beget. 3[4B1. Com. 843. ■• [Commonwealth v. Walden, 3 Cush. 561 (1849). See also 101 m. 394; 110 Mass. 402; 49 Miss. 337; 37 N. J. L. 120; 3 D. & B. (N. C.) 131; 2 Whait. Cr. L. §§1065-88, cases. ' State V. Watts, 48 Ark. 67-69 (1886), Battle, J,; 8