Henderson v. State

HENDERSON, Judge.

Appellant was convicted of fence cutting, and his punishment assessed at confinement in the penitentiary for one year; hence this appeal.

There are two counts in the indictment, one for cutting prosecutor’s fence and one for cutting a part of prosecutor’s fence. Appellant made a motion to require of the State to elect, which was overruled bv the court. In- some character of cases the court might require an election before trial, or after the introduction of the evidence and before going to the jury, but it does not occur to us that there is any possible injury that could…