Joy v. State
Court of Criminal Appeals of Texas
The evidence showed that about two and a half miles of Charles Schriner’s pasture fence was cut on Saturday night. Defendant owned eighteen acres inside the pasture where he lived. It was proved by several witnesses that before the cutting defendant had talked about doing it, and proposed to them to aid him in cutting it. Bob Davis turned State’s evidence under an agreement of immunity from punishment.
Read the full summary
The evidence showed that about two and a half miles of Charles Schriner’s pasture fence was cut on Saturday night. Defendant owned eighteen acres inside the pasture where he lived. It was proved by several witnesses that before the cutting defendant had talked about doing it, and proposed to them to aid him in cutting it. Bob Davis turned State’s evidence under an agreement of immunity from punishment. He testified that he and defendant, Tobe Joy, Ed Joy, Lee Fisher, Buck Joy, and Dock Whitstone cut the fence. Defendant proved an alibi by several witnesses. Gus Schriner testified that the…
1Opinion of the Court
HEbTDERSOH, Judge.
Appellant was convicted of fence-cutting, and his punishment assessed at confinement in the penitentiary for one year, and he appeals.
Appellant complains of the action of the court in permitting parol proof of the ownership of the fence in question. He claims in this connection that the fence is a part of the realty, and that title to realty can only be proven by record testimony. Fence-cutting is in the nature of a trespass, and in a civil action parol proof can be made in regard to the possessory ownership of the land on which the alleged trespass is claimed to have been…
2Cases cited4 opinions
- Bell v. StateCourt of Criminal Appeals of Texas · 1898
- Dawson v. StateCourt of Criminal Appeals of Texas · 1897
- Sessions v. StateCourt of Criminal Appeals of Texas · 1897
- Wright and Wright v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by9 opinions
- Silvas v. StateCourt of Criminal Appeals of Texas · 1913
- Jones v. StateCourt of Criminal Appeals of Texas · 1909
- Steed v. StateCourt of Criminal Appeals of Texas · 1902
- Lafell v. StateCourt of Criminal Appeals of Texas · 1913
- La Fell v. StateCourt of Criminal Appeals of Texas · 1913
4 more not listed; retrieve them via the Exa API.