 |
 |
 |
| |
|
|
Dobb’s Case
Assizes ENG, 1770
Author:- Sam Biers
Relevant Facts: Dobbs was accused of b and e of the stables belonging to Bayley with intent to destroy a horse by cutting its sinews.
Legal Issue(s): Whether df possessed the specific intent to commit the crime charged?
Court’s Holding: Yes
Procedure: Acquitted and then re-indicted and found guilty of capital offense.
Law or Rule(s): Specific intent exists where from the circumstances the df must have desired the prohibited result.
Court Rationale: The df’s intention was not to commit the felony of killing and destroying the horse, but only to trespass against its running again. Burglary requires the intent to b and e but also the intent to commit a felony thereafter.
Plaintiff’s Argument: The df intended on b and e, and destroying the horse.
Defendant’s Argument: Df did not intend on committing a felony after b and e.