State v. Wright

Citations

• 25 Del. 393
• 2 Boyce 393
• 79 A. 399
• 1911 Del. LEXIS 52

Syllabus

<p>1. Malicious Mischief — Nature and Elements of Offense.</p> <p>“Malicious mischief,” in the absence of statutes, is a common-law offense, and is an indictable offense under the statute by which all offenses, indictable at common law and not specially provided for by statute, are deemed misdemeanors. It is any malicious or mischievous injury, either to the rights of another or to those of the public generally. It embraces all malicious physical injuries to the rights of another,-and malice is an essential element of the offense.</p> <p>.2. Criminal Law — Trial—Province of Jury in General — Weight and Sufficiency of Evidence.</p> <p>The jury in a criminal case is the sole judge of the weight of evidence, and when the evidence is conflicting it should be reconciled, if that can be done; if not, so much of it as is deemed worthy of credit should be accepted as true, and any which is deemed unworthy of credit, should be rejected.</p> <p>3. Malicious Mischief — Nature and Elements of Offense — “Malice.”</p> <p>Malice, as an element of malicious mischief, is not restricted to ill will or revenge against the owner or possessor of the property injured; but a willful or wanton injuiy to property, under circumstances indicating a malignant spirit or mischief, is sufficient to constitute malicious mischief, and such malice may be either expressed or implied.</p> <p>4. Malicious Mischief — Elements—Malice—Evidence.</p> <p>Express malice, as an element of malicious mischief, may be shown by the declarations or confessions of the accused in connection with the unlawful act, and implied malice by the doing of a willful or wanton unlawful act.</p> <p>5. Malicious Mischief — Defenses—Bona Fide Claim of Right.</p> <p>Where the act complained of in a prosecution for malicious mischief is done under a bona fide claim of right, such claim repels the presumption of malice and, if proved, is a good defense; but, if the accused does more damage than is reasonably necessary for the assert