Haworth v. State

HABPEB, Judge.

Appellant was prosecuted and convicted . under an indictment which charged him with “unlawfully and knowingly entering upon that strip of land known as ‘the Commons’ then and there owned by the County of Comanche and then and there under the control and supervision of J. D. Waring, who was then and there the mayor of the City of Comanche, and removing therefrom earth and sand without the consent of the said J. D. Waring.” Appellant moved to quash the indictment on several grounds, one of which, we think, is well taken. Mayor Waring in téstifying stated, “the Commons” is a strip…