Stone v. State

DAVIDSON, Judge.

This is a conviction for destroying personal property over the value of $50, with punishment assessed at two years in the penitentiary.

Notwithstanding the fact that Art. 1350, Vernon’s P.C., makes it unlawful for one to wilfully injure or wilfully destroy personal property of another, the state elected to prosecute this case upon that part of the statute that relates to the destruction of property. There was no allegation in the indictment that the property was injured as distinguished from destroyed.

*381The indictment alleged the wilful destruction by appellant of one mattress,…