Billings v. State

MORROW, Presiding Judge.

— The appellant was convicted of unlawfully killing a dog — punishment fixed at a fine of one dollar.

The charging part of the information reads thus:

“ . . . that Charles M. Billings . . . heretofore, on the 28th day of March, A. D., 1922, in the County of Tarrant and State aforesaid, did then and there wilfully and wantonly kill one domesticated animal, to-wit: one dog. ”

The sufficiency of the information is assailed, appellant insisting that it cannot be sustained under Article 1230 of the Penal Code because there is no averment that the animal was killed with the…