State v. Lange
Texas Supreme Court
Appeal from Llano. Tried below before tbe Hon. Nat. M. Burford. It was charged in tbe indictment, that tbe defendant “ willfully “ and maliciously did kill a certain steer, then and there tbe “property,” &c. On motion of defendant, tbe indictment was quashed.
1Opinion of the CourtBell, J.
Tbe indictment charges that tbe offence was committed on tbe 17th day of March, 1857. Tbe Penal Code took effect, as tbe law of tbe State, on tbe 1st day of February, 1857. Tbe indictment is therefore based on tbe 713th Article of tbe Penal Code. Tbe indictment is a good one. Tbe use of tbe word “steer,” designating tbe species, was proper, instead of tbe generic term “neat cattle,” or “cattle.” Tbe motion to quash tbe indictment should have been overruled.
Tbe judgment of tbe court below is therefore reversed, and tbe cause remanded for further proceedings.
Reversed and remanded.
2Cited by6 opinions
- Banks v. StateTexas Supreme Court · 1866
- Bigham v. StateCourt of Criminal Appeals of Texas · 1892
- Mobley v. StateSupreme Court of Florida · 1909
- State v. LawnSupreme Court of Missouri · 1883
- Parchman v. StateTexas Supreme Court · 1875
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