State v. Grimes

• Decision Date: 16 June 1890
• Citation: 13 S.W. 956,101 Mo. 188
• Parties: STATE v. GRIMES.
• Court: Missouri Supreme Court

13 S.W. 956

101 Mo. 188

STATE v. GRIMES.

Supreme Court of Missouri.

June 16, 1890.

MALICIOUS MISCHIEF — EVIDENCE.

Testimony of the owner describing his cow, and that he found her shot behind defendant's fence, with that of others that defendant shot at a cow of that description which was in his inclosure, but jumped out after the shot and died, sustains a verdict for maliciously killing the cow, under Rev. St. Mo. 1879, § 1374.

Appeal from circuit court, Butler county; J. G. WEAR, Judge.

J. C. Sheppard and C. D. Yancey, for appellant. The Attorney General, for the State.

BRACE, J.

The defendant was indicted and convicted under section 1374, Rev. St. 1879, for maliciously killing a cow, the property of Denny Lucas, and his punishment assessed at imprisonment in the county jail for six months, and to pay a fine of $50. The bill of exceptions contains nothing but the evidence and the motions in arrest and for a new trial, and no exceptions were saved to any action of the court except the overruling of said motions. The indictment is in good form. No error appears upon the face of the record proper, and the motion in arrest was properly overruled.

No question arises on the record as to the action of the court in regard to instructions, as no exceptions were saved to its action in respect thereof, nor was any such action assigned as ground for new trial, or preserved in the bill of exceptions. The only question in the case is, does the evidence support the verdict? It will only be necessary to set out the material evidence in chief of some of the state's witnesses to show that there was ample testimony to take the case to the jury. Its general tenor and force was not varied by the cross-examination. Dennie Lucas testified: "I owned a cow on the 8th of August last. This is the cow that was shot. She was a sort of sorrel color, with a heart in her forehead. Red and white, spotted, pretty good sized cow. The cow did not come up, and I sent a boy to hunt her. I went next morning back of defendant Grimes' fence, and the cow was there, dead. I saw drops of blood on her hair. Her bag was cut through. The cow I found dead was the same cow I have described. This was August 11, 1886." Robert N. Mabrey testified: "I live in Poplar Bluff. Know defendant. I knew him August 8, 1886. I saw him on that day, — the 8th day of August, 1886. This was Sunday morning that I saw him. I know Denny Lucas. I did not know a cow that belonged to Lucas at this time. I saw defendant standing in an acre lot. I saw a cow in the lot. She was a medium sized red cow, with a lime-colored stripe running down ber back; had short...