Sample v. State

The appellant was prosecuted for. maliciously injuring property. After laying the venue, it is charged in the affidavit that, on a date mentioned, the defendant did “unlawfully and maliciously injure a certain milch cow, the property of Ira Bevil then and there being, .and there unlawfully and maliciously running, striking and beating said cow with a whip, stick and club,” etc.

The appellant insists that the gravamen of the charge is, that the cow was “ unlawfully and maliciously running,” etc. "We think, however, that the fair import of the charge is, that the defendant injured the cow, by…