Johnson v. State

DAVIDSON, Presiding Judge.

The indictment contains two counts, the first charging appellant unlawfully and maliciously maimed, wounded and disfigured a horse, the. property of Jack Johnson, with the intent then and there to injure the said Jack Johnson. The second count charges that he did unlawfully, wilfully and wantonly maim, wound, cut and bruise one horse, the property of Jack Johnson.

The first count was framed under article 786 of the Penal Code, and the second count under article 787. The court gave the following instructions to the jury:

“If you find beyond a reasonable doubt that the…