Daley v. State

HENDERSON, Judge.

Appellant was convicted of staking a horse oh the inclosed land of another, and fined $25; hence this appeal.

Appellant contends that the statute under which this conviction was had was intended only to protect cultivated lands. Penal Code, art. 794. We can not agree to this contention; nor do we agree that, before a prosecution can be maintained under this statute, the injured party should have a lawful fence. In this connection it is insisted that the locus in quo was not inclosed, because it was not fenced all around. The proof here shows that there were some 75,000 acres…