Choate v. State

MORROW, Judge.

The appellant was convicted of malicious mischief, the information containing two counts, one charging that he wilfully killed a swine belonging to R. T. Sikes, with intent to injure the owner thereof, the other charging that he killed a swine wilfully and needlessly.

The first count is under Article 1230, P. C., which is designed to protect the owner, and the second count is under Article 1231, designed to protect the animals. The appellant’s contention is that in order for the conviction to stand the prosecution should have been under Article 1246 which makes unlawful the…