556 CRUELTY AND MALICIOUS MISCHIEF. 



alleged to have been wilfully and wantonly done.^*^ The 

 court should, however, in a proper case instruct the jury what 

 "wilful and wantonly" wounding means.^*^ An indictment 

 for "shooting" a cow is suflficient, though the statute speaks 

 of "wounding." A wound, in criminal law, is "an injury to 

 the person by which the skin is broken" and "shooting" 

 would naturally include this.^** An allegation that the de- 

 fendant did "wound and kill" a mule was held not to be sup- 

 ported by proof that the mule, though wounded, was not 

 killed.i«* 



The naming of animals in penal statutes and indictments 

 has been already considered.^*® 



A malicious injury to two animals inflicted in one trans- 

 action is one ofifense in law and, if the jury find the defendant 

 guilty as to one animal and say nothing of the other, they 

 acquit as to the latter.^*® 



"' Burgman v. State (Tex. Cr.), 34 S. W. Rep. iii. 



'"' Browder v. State, 30 Tex. App. 614. 



'"^ State V. Butts, 92 N. C. 784. '" Reid v. State, 8 Tex. App. 430. 



'" See §§ 55-57, 121, supra. "" Haworth v. State, 14 Ind. 590. 



