Legal Opinion

Johnson v. State

Texas Court of Appeals, 10th District (Waco)

Decided February 10, 1999No. 10-97-390-CRPublishedCited by 7 opinions

1Opinion of the Court

OPINION

REX D. DAVIS, Chief Justice.

The court convicted Appellant Toby Wayne Johnson in a bench trial of cruelty to an animal. See Tex. Pen.Code Ann. § 42.09(a)(5) (Vernon Supp.1999). The court sentenced him to 180 days in the county jail and a $500 fine.

The information alleges that Johnson did intentionally or knowingly kill an animal, to-wit: a kitten belonging to Michelle Thun by kicking the kitten with his foot without the consent of Michelle Thun and without legal authority.

The evidence reflects that Johnson repeatedly kicked the kitten across the yard of an apartment complex. Witness…

2Cases cited13 opinions

  1. Sullivan v. LouisianaSupreme Court of the United States · 1993
  2. Cain v. StateCourt of Criminal Appeals of Texas · 1997
  3. Breazeale v. StateCourt of Criminal Appeals of Texas · 1985
  4. Carranza v. StateCourt of Criminal Appeals of Texas · 1998
  5. Whitten v. StateCourt of Criminal Appeals of Texas · 1979

8 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Texas · 2002
  2. Lopez v. StateCourt of Appeals of Texas · 2002
  3. Trahan v. State, Texas Court of Appeals, 1st District (Houston)1999
  4. Garza v. State, Texas Court of Appeals, 4th District (San Antonio)2001
  5. Johnson v. StateCourt of Criminal Appeals of Texas · 2002

2 more not listed; retrieve them via the Exa API.

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