Legal Opinion

Sparks v. State

Court of Appeals of Texas

Decided June 4, 1887No. 5259PublishedCited by 2 opinions

Appeal from the County Court of McLennan. Tried below before the Hon. W. W. Evans, County Judge. The conviction was for the willful maiming and wounding of a cow, and the penalty assessed was a fine of ten dollars. By two witnesses, one of them being the owner of the injured «cow, the State proved that defendant notified the said owner that he had shot the cow, and warned her that, if the cow again trespassed upon his field, he would kill her.

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Appeal from the County Court of McLennan. Tried below before the Hon. W. W. Evans, County Judge. The conviction was for the willful maiming and wounding of a cow, and the penalty assessed was a fine of ten dollars. By two witnesses, one of them being the owner of the injured «cow, the State proved that defendant notified the said owner that he had shot the cow, and warned her that, if the cow again trespassed upon his field, he would kill her. Another witness testified that he saw the defendant drive the cow from his field, and shoot her after she had gained the highway outside of the field.…

1Opinion of the Court

White, Presiding Judge.

Appellant has been convicted under Article 680 of the Penal Code, upon an information charging him with unlawfully and willfully maiming and wounding a cow.

After the evidence in the case was adduced, appellant’s counsel presented written instructions to the court, with the request that they be given in charge to the jury as the law of the case. This the court refused, and the court furthermore refused and declined to give any charge whatsoever to the jury. To this action of the court a bill of exceptions was reserved, and it is insisted that it was the duty of the…

2Cited by2 opinions

  1. Perez v. StateCourt of Criminal Appeals of Texas · 1943
  2. Hodnett v. StateCourt of Criminal Appeals of Texas · 1922

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