Legal Opinion

State v. Garcia

Texas Supreme Court

Decided July 1, 1873PublishedCited by 3 opinions

Appeal from. Bexar. Tried below before the Hon. Geo. H. Noonan. The indictment charged that the defendant “unlawfully and knowingly did purchase two hides from one Dyonesio Flores, he, the said Mariano Garcia, then and there well knowing that said Dyonesio Flores had skinned and taken off said hides .of certain dead animals, to-wit, oxen; which said dead animals were not-the property of said Dyonesio Flores, but were the property of one Juan Estovan de los Santos, and that…

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Appeal from. Bexar. Tried below before the Hon. Geo. H. Noonan. The indictment charged that the defendant “unlawfully and knowingly did purchase two hides from one Dyonesio Flores, he, the said Mariano Garcia, then and there well knowing that said Dyonesio Flores had skinned and taken off said hides .of certain dead animals, to-wit, oxen; which said dead animals were not-the property of said Dyonesio Flores, but were the property of one Juan Estovan de los Santos, and that said Dyonesio Flores, without the written authority of said Juan Estevan de los Santos, had skinned and taken off said…

1Opinion of the CourtMcAdoo, J.

—This case is brought to this court by appeal from a judgment of the District Court, quashing the indictment. The indictment charged the appellee with unlawfully purchasing two hides taken from certain dead animals, not the property of the person from whom they were purchased. This indictment was found under the act of twenty-second of March, 1871, “An Act to encour*546age stock raising, and for the protection of stock raisers.” (G-eneral Laws of 1871, 1st Ses., 117.)

The appellee moved to quash the indictment, which was sustained by the court, and the district attorney appealed to this court.

The…

2Cited by3 opinions

  1. American Liberty Pipe Line Co. v. AgeyCourt of Appeals of Texas · 1942
  2. American Nat. Ins. Co. v. MurilloCourt of Appeals of Texas · 1928
  3. Gibbs v. StateCourt of Criminal Appeals of Texas · 1898

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