Legal Opinion

Gonzales v. State

Texas Supreme Court

Decided April 15, 1868PublishedCited by 1 opinion

Errors from Parker. These cases were tried before Hon. John J. Good, one of the district judges. There were two cases against Gonzales and sureties, and one against Johnson and sureties. The indictments charged the defendants respectively with taldng up, using, and selling estrays, but did not aver that it was done “ without complying with the laws regulating estrays.”

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Errors from Parker. These cases were tried before Hon. John J. Good, one of the district judges. There were two cases against Gonzales and sureties, and one against Johnson and sureties. The indictments charged the defendants respectively with taldng up, using, and selling estrays, but did not aver that it was done “ without complying with the laws regulating estrays.” The defendants were arrested and gave bonds, which were forfeited, and on return of scire facias they failed to answer, and final judgments were rendered. The defendants prosecuted error, and assigned for error that the parties…

1Opinion of the CourtLindsay, J.

—The appellant in each of these cases was indicted for using estrays without complying with the laws regulating estrays. The recognizance of each, with his *206sureties, was taken to secure Ms personal appearance in court to answer the charge. In each of the recognizances the offense named was simply using a stray horse. By a decision of this court, in the case of Hutchinson v. the State, 26 Tex., 111, it has been adjudicated that, in accusations for using estrays, the expression, “without complying with the laws regulating estrays,” is a “ necessary ingredient” to constitute the offense; from…

2Cases cited1 opinion

  1. State v. HutchinsonTexas Supreme Court · 1861

3Cited by1 opinion

  1. Riviere v. StateCourt of Appeals of Texas · 1879

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