Holland v. State

MORROW, Presiding Judge.

—Appellant was convicted of injuring a fence; punishment fixed at a fine of ten dollars.

It was charged in the complaint and information that the appellant broke, pulled down and injured a fence belonging to the city of Overton, in the possession of Lee Gipson, “being for the impounding of stock unlawfully running at large within the incorporate limits of the said city of Overton.”

The prosecution is founded upon Article 1240 of the Penal Code, declaring it unláwful for any person to break, pull down or injure the fence of another without his consent.

The only proof that…