Legal Opinion

Branch v. State

Texas Supreme Court

Decided July 1, 1874PublishedCited by 17 opinions

Appeal from Smith. Tried below before the Hon. M. H. Bonner.

1Opinion of the Court

Reeves, Associate Justice.

The indictment charges appellant and John Lawler with killing a hog belonging to John Wilson, and avers that it was done unlawfully, willfully, and wantonly, and appellant being convicted and fined five dollars, he prosecutes this appeal.

The indictment was found under the statute punishing malicious mischief, and which provides, in art. 2345, Pas. Dig.: “If any person shall willfully and wantonly kill, maim, wound, poison, or cruelly and unmercifully beat and abuse any dumb animal, such as is enumerated in the preceding article, he shall be fined not exceeding two…

2Cases cited2 opinions

  1. Illies v. KnightTexas Supreme Court · 1848
  2. Kilpatrick v. PeopleNew York Supreme Court · 1848

3Cited by17 opinions

  1. Palmer v. SmithWisconsin Supreme Court · 1911
  2. State v. PraterMissouri Court of Appeals · 1908
  3. Caldwell v. StateCourt of Criminal Appeals of Texas · 1909
  4. Pueblo v. ValdésSupreme Court of Puerto Rico · 1916
  5. Terrell v. General Motors Acceptance Corp.Court of Appeals of Texas · 1933

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