Oklahoma Criminal Reports; Cases Determined in the Criminal Court of Appeals of the State of Oklahoma Volume 7 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...then, whether the posts were actually on his land or not, if the defendant did have the honest belief in good faith that they were, you will find that he did the acts charged without malice toward the owners of the said telephone posts, and. since malice must be present to constitute the crime of malicious mischief, it will be your duty to acquit the defendant. "Refused and excepted to by defendant. "NICK VVOLF, County Judge." Gullelt 65 Monk, for appellant. E. C. Spilmnn, Asst. Atty. Gen., for the State. FURMAN, P. J. The information in this case is based on section 2692, Comp. Laws 1909: "Malicious Mischief.--Every person who maliciously injures, defaces or destroys any real or personal property not his own, 1_n cases other than such as are specified in the following sections. '-5 Emily Of a misdemeanor, and in addition to the punishment Prescribed therefor, he is liable in treble damages for the injury dfme, to be recovered in a civil action by the owner of such PrPe1'l5Y 01' public officcr having charge thereof." This section was evidently intended to protect the owner _f Pfoperty, and was not meant to protect the property itself. I_J"dcents1' the provisions of this statute, it matters not what the motives of the owner of property may be, he may deface or destroy it at pleasure without being liable to the pains and penalties prescribed therein. The statute also creates an increased civil liability for damages in favor of the owner of property so defaced or destroyed. From this it is clear that the malice necessary to constitute this offense must be entertained against the owner of the property so defaced or destroyed, and that an act will not constitute malicious mischief where it is done in goo