Volosen v. State

KELLER, P.J., delivered the opinion of the Court in which MEYERS, WOMACK, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

We are called upon in this case to determine how an appellate court should handle a question of ultimate fact that turns upon county or municipal law where that law has not been presented to the courts by either of the parties. We shall reverse the judgment of the court of appeals.

I. Background

The incident giving rise to appellant’s prosecution occurred in his back yard in the city of Colleyville. Kevin Ball and his family owned a dog, a miniature dachshund. Appellant, a…