Assizes ENG, 1770
Dobbs was accused of breaking and entering the stables belonging to Bayley with intent to destroy a horse by cutting its sinews.
Issue: Whether D possessed the specific intent to commit the crime charged?
D was Acquitted and then re-indicted -- found guilty of capital offense.
Specific intent exists where from the circumstances the D must have desired the prohibited result.
-D’s intention was not to commit the felony of killing and destroying the horse, but only to trespass against its running again.
-Burglary requires not only the intent to break and enter but also the intent to commit a felony thereafter.
P argues: The D intended to break and enter, and to destroy the horse.
D argues: D did not intend on committing a felony after breaking and entering.