McCauley v. State

Moore, Associate Justice.

The only question which need be considered in this case is whether the appellant is charged by the indictment preferred against him with an offense. It is alleged that appellant did “unlawfully, knowingly, and without the consent of the owner thereof, carry away from land not his own two hundred and seventy fence rails—timber under the statute—each of said rails of the value of ten cents,” &c.

The indictment was evidently drawn under article 717, “ chapter 5, of cutting and destroying timber,” Penal Code, which reads as follows:

“ If any person, without the consent of…