Legal Opinion

State v. Heath

Texas Supreme Court

Decided July 1, 1874PublishedCited by 4 opinions

Appeal from Rusk. Tried below before the Hon. M. D. Ector.

1Opinion of the Court

Reeves, Associate Justice.

This is an indictment against J. C. Heath, charging him with willfully shooting and wounding two cows, each of the value of twenty dollars, with intent to injure the owner. The defendant excepted generally to the indictment for insufficiency, and specially, because it does not allege that any damage was done the cows alleged to have been shot, or the amount of damage done them. The court sustained the exceptions and quashed the indictment, and the State appeals.

It will be seen that the indictment avers the value of the animals, and the intent with which the act was…

2Cases cited2 opinions

  1. State v. GarnerSupreme Court of Alabama · 1839
  2. State v. McCormackTexas Supreme Court · 1858

3Cited by4 opinions

  1. Meadowcroft v. PeopleIllinois Supreme Court · 1896
  2. Newton v. StateCourt of Appeals of Texas · 1877
  3. Nicholson v. StateCourt of Appeals of Texas · 1877
  4. Street v. StateCourt of Appeals of Texas · 1879

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