1788.
for the redreſs of the injury that has been done him; but where falſe weights and meaſures are uſed, or falſe token produced, or ſuch methods taken to cheat and deceive, as people cannot by any ordinary care or prudence by guarded againſt, there it is an offence indictable.”–Accordingly in Crown Cire. Comp. 231. 1 Sira. 595. S. C. Crown Cire. Comp. 24. are caſes of private wrongs and yet puniſhed by indictment; becauſe, as it is ſaid in Burrow, common prudence could not have guarded the perſons againſt the injury and inconveniency, which they reſpectively ſuſtained. The ſame reaſon muſt have prevailed is an indictment at Lancaſter (the draft of which remains in the precedent book of the ſucceſſive Attornies General of this State) for poiſoning bread, and giving it to ſome chickens; and it applies in full force to the cafe before the Court.
Independent, however, of theſe authorities and principles, the Jury have found the killing to be ſomething more than a treſpaſs; and that it was done maliciouſly forms the giſt of the indictment; which muſt be proven by the proſecutor, and might have been controverted and denied by the Defendant. Being therefore charged, and found by the verdict, it was more than form; it was matter of ſubſtance.
The opinion of the Court was delivered on the 15th of July, by the the Chief Juſtice.
M’Kean, Chief Juſtice. The Defendant was indicted for “maliciouſly, willfully, and wickedly killing a horſe,” and being convicted by the Jury, it has been urged, in arreſt of judgment, that this offence was not of an indictable nature.
It is true, that on the examination of the cafes we have not found the line accurately drawn; but, it ſeems to be agreed, that whatever amounts to a public wrong may be made the ſubject of an indictment. The poiſoning of chickens; cheating with falſe dice; fraudulently tearing a promiſſory note, and many other offences of a ſimilar deſcription, have heretofore been indicted in Pennſylvania; and 12 Mod. 337. furniſhes the cafe of an indictment for killing a dog;–an animal of far leſs value than a horſe. Breaking windows by throwing ſtones at them, though a ſufficient number of perſons were not engaged to render it a riot: and the embezzlement of public monies, have, likewiſe, in this State been deemed public wrongs, for which private ſufferer was not alone entitled to redreſs; and unleſs, indeed, an indictment would lie, there are ſome very heinous offences, which might be perpetrated without abſolute impunity; ſince the rules of evidence, in a civil ſuit, exclude the teſtimony of the party injured, though the nature of the tranſaction generally makes it impoſſible to produce any other proof.
For theſe reaſons, therefore, and for many others which it is unneceſſary to recapitulate, as we entertain no doubt upon the ſubject, we think, the indictment will lie.
Let judgment be entered for the Commonwealth.
James
