Legal Opinion
McNeely v. State
Court of Criminal Appeals of Texas
Decided October 10, 1906No. 3537PublishedCited by 4 opinions
The opinion states the case.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of breaking down and injuring the fence of the prosecutor, and his punishment assessed at a fine of $25, hence this appeal.
It is contended by appellant that the fence was not enclosing farming land set apart for agricultural purposes, and that consequently article 794, Penal Code, making it an offense to break or pull down the fence of another, without his consent, does not apply. Article 794 was enacted in 1873, and contained a caption with reference to fences used for agricultural purposes. Cleveland v. State, 8 Texas Crim. App., 44. The act is…
2Cases cited1 opinion
- Ex Parte PriceCourt of Criminal Appeals of Texas · 1897
3Cited by4 opinions
- American Indemnity Co. v. City of AustinTexas Supreme Court · 1922
- Dr. Alvin I. Thomas, Cross-Appellant v. Eristus Sams, Individually and as Mayor of Prairie View, and City of Prairie View, Defendant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
- People Ex Rel. Pletcher v. City of JolietIllinois Supreme Court · 1926
- Farmer v. StateCourt of Criminal Appeals of Texas · 1910