Wilson v. State
Court of Appeals of Texas
Appeal from the County Court of Be Witt. Tried below before the Hon. J. B. Terry, County Judge. The conviction was for unlawfully carrying away timber from the land of Otto Buohel. The penalty imposed was a fine of $35. The single witness examined testified that the wood carried away was a portion of the hollow trunk of a fallen post-oak tree, and that it could be used only as fire-wood. The sufficiency of the evidence was the ground relied upon in the motion for new trial.
1Opinion of the Court
Willson, Judge.
1. The court instructed the jury that “the word ‘ timber,’ as used in the statute, is that sort of wood which is proper for building, or for tools, utensils, furniture, carriages, fences, ships, and the like, usually said of fallen trees, but sometimes of those standing. If the jury believe from the evidence that the wood taken by the defendant does not come within the above definition *394of timber, they must acquit the defendant.” The evidence established very clearly that the wood taken by the defendant did not come within said definition, but was suitable only for fuel. ITence,…
2Cases cited1 opinion
- McCauley v. StateTexas Supreme Court · 1875