Legal Opinion

Irvin v. State

Court of Appeals of Texas

Decided July 1, 1879Published

Appeal from the County Court of Johnson. Tried below before the Hon. W. J. Ewing, County Judge.

1Opinion of the CourtWhite, J.

At the March term, 1879, of the County Court of Johnson County, an information was filed against the appellant, William Irvin, charging .him with wilfully and *79wantonly killing one certain swine, the property of A. J. Pierce.

The appellant moved to quash the indictment, first, because the same charges no offence against the laws of the State of Texas ; second, because the same does not allege that the defendant killed the swine without the consent of the owner thereof.

And appellant, for special plea in bar, pleaded a former acquittal; 1 ‘ that at the February term of this the County Court of…

2Cases cited7 opinions

  1. Thomas v. StateTexas Supreme Court · 1874
  2. State v. StandiferSupreme Court of Alabama · 1837
  3. Burns v. PeopleNew York Supreme Court · 1848
  4. Morman v. StateCourt of Appeals of Mississippi · 1852
  5. Swindel v. StateTexas Supreme Court · 1869

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