Wiggins v. State

LATTIMORE, Judge.

Appellant was convicted in the County Court of Cherokee County of violating the tick law, and his punishment fixed at a fine of one dollar.

When the statute names certain acts as penal when done without certain accompaniments, an indictment charging such violation of the law must negative the existence of the predicate conditions. Holtzgraff v. State, 23 Texas Crim. App., 404; Boubel v. State, 87 Texas Crim. Rep., 360, sustain the proposition that an indictment charging that one has hunted in the enclosed and posted lands of another must allege that it was without the consent…