Tharp v. State
Texas Supreme Court
Appeal from Ellis. The case was tried before Hon. B. W. Scott, one of the district judges. At the fall term, 1865, the appellant was indicted hy the grand jury of Ellis county for taking up and using a certain ox, without complying with the laws regulating estrays.
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Appeal from Ellis. The case was tried before Hon. B. W. Scott, one of the district judges. At the fall term, 1865, the appellant was indicted hy the grand jury of Ellis county for taking up and using a certain ox, without complying with the laws regulating estrays. The offense was alleged to have been committed in Ellis county, and the value of the ox was laid in the indictment at $20. It does not appear, however, from the statement of facts, that there was evidence before the jury corresponding to these allegations in the indictment. The jury found the appellant guilty, and assessed his fine…
1Opinion of the CourtDonley, J.
—The judgment in this case must he reversed. It does not appear from the evidence that the defendant took and used the ox in Ellis county. It was necessary that this proof should have been made. It was a matter of substance, and requisite to give the court jurisdiction.
The proof was further insufficient, in not showing the value of the ox; this was necessary to enable the jury to determine the amount of punishment. (State v McCormack, 22 Tex., 297.)
The judgment is reversed, and the cause
Demanded.
2Cases cited1 opinion
- State v. McCormackTexas Supreme Court · 1858
3Cited by3 opinions
- Crews v. StateCourt of Appeals of Texas · 1881
- Archer v. StateCourt of Appeals of Texas · 1880
- Marshall v. StateCourt of Appeals of Texas · 1878