Osborn v. State
Texas Supreme Court
Appeal from Parker. Tried below before the Hon. A. B. Norton. No occasion is apparent to detail the facts more particularly than as stated in the opinion.
1Opinion of the CourtWalker, J.
The indictment is framed on Article 2441, Paschal’s Digest. It alleges no value in the animal, which the de*546fendant is charged to have made an unlawful disposition of. The punishment of the offense is fixed by Art. 2440 at double the value of the animal.
The indictment alleges no value of the animal, nor is there any evidence of its value.
In Thorp v. The State, 28 Texas, 697, the court say: ::A conviction under the article above referred to cannot be sustained unless there was evidence of the value of the animal. This is necessary to enable the jury to assess the punishment, which is limited by…
2Cited by1 opinion
- Crews v. StateCourt of Appeals of Texas · 1881