But under other statutes, malice toward the owner of the property is not essential; it is sufficient if the act be done wilfully, without just cause or excuse, or

wantonly and recklessly.306 So the fact that one has no malice toward the owner of the house but that his mischief was toward another person in the house, is no excuse for an injury to the house.307 So also on a charge of maliciously tearing down a fence, the fact that the accused claims the fence is on his premises and that he had a right to remove it is no defense.308 Under some statutes the failure to supply animals with water, food and shelter is made criminal without reference to intent. The doing of the act alone constitutes the offense.309

299 McDaniels vs. State, 5 Tex.

App., 479; Nehr. vs. State, 35

Neb., 638. 300 Hodge vs. State, 79 Tenn., 528;

State vs. Giles, 125 Ind., 124;

Wilcox vs. State, 101 Ga., 563;

Contra, State vs. Mease, 69

Mo. App., 581. 301 Gates vs. Higgins, L. R., 1. Q. B.

D., 16; Harper vs. Marcks, L.

R., 2 Q. B. D., 319.

302 Colam vs. Pagett, 12 Q. B. D.

(L. R.), 67 (Eng.). 303 State vs. Bruner, 111 Ind., 98;

State vs. Neal, 120 N. C, 613. 304 Hobson vs. State, 44 Ala., 381;

People vs. Olson, 6 Utah, 284;

4 Blackstone Com., 243; Rex vs. Pearce, 2 East, P. C, 1072;

Hughes Cr. Law, Sec. 800. 305 Com. vs. Williams, 110 Mass., 401; State vs. Foote 71 Conn., 737.

By act of Congress, railroad and steamboat companies, carrying cattle, sheep, swine or other animals from one state to another, are forbidden under a penalty from confining such animals in cars or boats longer than twenty-four consecutive hours without unloading them for rest, water and food, unless prevented by accident or storm.310