Fitzsimmons v. State

HARPER, Judge.

Appellant was prosecuted in the County Court of Medina County on a complaint and information charging him with unlawfully breaking, pulling down and_ injuring the fence of Leo Tschirhart without the consent of the said Tschirhart. Hpon a trial he was convicted and his punishment assessed at a fine of ten dollars.

This Is the second appeal in this cáse, this case having been reversed on a former appeal (59 Texas Crim. Rep., 540, 128 S. W. Rep., 903) because of the refusal of the court to admit certain testimony which the court admitted on this trial.

Mr. Tschirhart owned…