Legal Opinion
Schott v. State
Court of Appeals of Texas
Decided July 1, 1880Published
Appeal from the County Court of Fayette. Tried below before the Hon. J. C. Stiehl, County Judge.
1Opinion of the CourtWhite, P. J.
The prosecution in this case was by information charging appellant with a violation of the first sec*617tian of the act of April 23, 1873 (Gen. Laws 13th Leg., p. 41), which provides that “ it shall be unlawful for any person or persons to break, pull down, or injure the fence or fences of another, without the. consent of the owner or person in possession thereof.”
The objection urged to the affidavit and the information in the motion to arrest the judgment is that the former was not “ filed.” The statute is, the “ information shall be based upon the affidavit of some credible person, which shall…
2Cases cited3 opinions
- Mayor of Columbus v. JaquesSupreme Court of Georgia · 1860
- Gerrish v. BrownSupreme Judicial Court of Maine · 1863
- State v. AtkinsonSupreme Court of Vermont · 1852