Hankins v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Bosque. Tried below before Hon. W. B. Thompson, County Judge. Appeal from a conviction for willfully leaving open a gate to the inclosure of another without his consent; penalty, a fine of $10. The case is sufficiently stated in the opinion.
1Opinion of the Court
DAVIDSOH, Judge.
Appellant was convicted of willfully, and without the consent of the owner thereof, opening and leaving open a gate leading into the inclosure of another, under article 794, Penal Code, and appeals.
The evidence on the trial showed the inclosure to be a pasture. It is contended by appellant that, in order to constitute an offense under the article in question, the inclosure should be cultivated land, and that said article was intended only to protect agricultural crops. The statute does not bear out this construction.
There were several charges asked by appellant, and refused by…
2Cited by1 opinion
- Flippin v. StateCourt of Criminal Appeals of Texas · 1937