Nichols v. State
Texas Supreme Court
Appeal from Ellis. The case was tried before the Hon. John J. Good, one of the district judges. The defendant was indicted for that, on the 10th April, 1866, &c., he did, without complying with the laws regulating estrays, take, up and use and sell one brown horse of the value of $100, the owner of the said horse being to the grand jurors unknown, and the same being then and there estray.
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Appeal from Ellis. The case was tried before the Hon. John J. Good, one of the district judges. The defendant was indicted for that, on the 10th April, 1866, &c., he did, without complying with the laws regulating estrays, take, up and use and sell one brown horse of the value of $100, the owner of the said horse being to the grand jurors unknown, and the same being then and there estray. The jury found a verdict of guilty, and assessed the fine at $15. The defendant moved an arrest of judgment, that the indictment stated no offense, that the estray laws were not in operation, and the…
1Opinion of the CourtLindsay, J.
The indictment in this case we think good and sufficient. The offense of taking up, using, and selling an estrav, without complying with the laws regulating estrays, is charged to have been committed on the 10th of April, 1866. Although the estray laws were suspended by the act of the 25th of February, 1863, and by the act of the 7th of December, 1863, during the then existing war, and until six months after peace should be concluded, that period had fully elapsed when this offense is charged to have been committed, and the statutes were then in full force and operation. When the people of…
2Cited by1 opinion
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