Source: United States Circuit Court of the District of Columbia
Date: 1834-11-01
Jurisdiction: United States
Citation: 26 F. Cas. 555 · 4 Cranch, C. C. 483
Opinion
THE COURT (THRUSTON, Circuit Judge, absent) refused to quash the indictment. Upon the trial, the defendant’s counsel contended that it was necessary to prove that the cow died of that beating. But THE COURT refused to give the instruction; and, at the prayer of 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.