Clark v. State
Texas Supreme Court
Appeal from Gonzales. The case was tried before Hon. Wesley Ogden, one of the district judges. The defendant was indicted for taking up and using an estray, under article 775 of the code. (Paschal’s Dig., Art. 2441, Note 693.) The other facts in the case are sufficiently indicated in the opinion of the court. The opinion seems to overrule the estray cases by the same court, 30 Tex., 515, and to coincide with the estray cases as ruled by the preceding court, 28 Tex., 632.
1Opinion of the CourtLindsay, J.
— On the 15th day of September, 1865, the “ laws providing for the estraying of stock, and prescribing the course of proceedings in the same,” were still in suspension in the very terms of the statute requiring the continuance of the suspension for six months after the termination of the war. The court judicially knows when the war ceased in Texas. . The formal surrender of the belligerent force in this state took place on the 28th day of May, 1865. The six months had not elapsed on the 15th day of September, 1865, when this offense of “taking up” and “using” an estray is alleged to have been…
2Cited by4 opinions
- State v. PotterSupreme Court of Kansas · 1875
- Currie v. . ClarkSupreme Court of North Carolina · 1884
- State v. BenningtonSupreme Court of Kansas · 1890
- Barrett v. TatumCourt of Appeals of Texas · 1933