Legal Opinion

Adams v. State

Court of Criminal Appeals of Texas

Decided June 15, 1904No. 2667PublishedCited by 6 opinions

Mrs. Sallie A. Smith, the main State’s witness and party alleged, to have been injured, testified that she owned the fifty acres of land upon which defendant dug a ditch without her permission and against her consent; that she had ordered him and his hands to desist; that the ditch dug by defendant was within her inclosure; that it injured her land by destroying the sod and also by causing the water to stand on the low places that were dammed up; that the land was worth $30…

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Mrs. Sallie A. Smith, the main State’s witness and party alleged, to have been injured, testified that she owned the fifty acres of land upon which defendant dug a ditch without her permission and against her consent; that she had ordered him and his hands to desist; that the ditch dug by defendant was within her inclosure; that it injured her land by destroying the sod and also by causing the water to stand on the low places that were dammed up; that the land was worth $30 per acre and that she did not join on to defendant’s fence, hut had built her own fence entirely on her land. This…

1Opinion of the Court

HEKDERSON, Judge.

Appellant was convicted under article 791, Penal Code, of willfully and maliciously injuring certain real property, and his punishment assessed at a fine of $100, hence this appeal.

Appellant excepted to the information on the ground that it did not exclude the idea that the offense was covered by some other provision of the Penal Code. This question was settled adversely to appellant’s contention in Todd v. State, 39 Texas Crim. Rep., 232.

Appellant made a motion to quash the information on the ground that it appeared to have been presented by a person not authorized by law to…

2Cases cited3 opinions

  1. Arbuthnot v. StateCourt of Criminal Appeals of Texas · 1896
  2. Todd v. StateCourt of Criminal Appeals of Texas · 1898
  3. Wilkins v. StateCourt of Criminal Appeals of Texas · 1894

3Cited by6 opinions

  1. Steambarge v. StateCourt of Criminal Appeals of Texas · 1969
  2. Colbert v. StateCourt of Criminal Appeals of Oklahoma · 1912
  3. Rameris v. StateCourt of Criminal Appeals of Texas · 1961
  4. Rameriz v. StateCourt of Criminal Appeals of Texas · 1961
  5. Craighead v. StateCourt of Criminal Appeals of Texas · 1909

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