Thompson v. State
Texas Supreme Court
Appeal from Harrison. The case was tried before Hon. M. D. Ector, one of the district judges. The indictment charged that William Thompson, a freedman, &c., one certain hog, &c., “unlawfully and feloniously did kill, take, steal, and carry away, from and out of the possession of him, the said J. H. Calloway, without his consentj and with the intent of him, the said William Thompson, freedman of color, then and there to deprive him, the said J. H. Calloway, of the value of…
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Appeal from Harrison. The case was tried before Hon. M. D. Ector, one of the district judges. The indictment charged that William Thompson, a freedman, &c., one certain hog, &c., “unlawfully and feloniously did kill, take, steal, and carry away, from and out of the possession of him, the said J. H. Calloway, without his consentj and with the intent of him, the said William Thompson, freedman of color, then and there to deprive him, the said J. H. Calloway, of the value of said hog, to wit, $20,” &c., &c. Counsel were appointed for the accused. He plead not guilty, and was convicted and…
1Opinion of the CourtWillie, J.
It is charged in the indictment, that the appellant “unlawfully, fraudulently, and feloniously did kill, take, steal, and carry away” one certain hog, of the value of $20, the property of J. H. Calloway. In the motion to arrest the judgment objection is made to the indictment that it charges two separate and distinct offenses, viz: malicious mischief and theft; that, by making use of the word “kill,” the offense is brought within the provisions of article 713 of the Penal Code, which punishes the willful killing of swine or other animals belonging to another; and that the words “take, steal,…
2Cited by4 opinions
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