Johnson v. State

BELCHER, Judge.

The conviction is for felony theft; the punishment, two years.

Appellant contends that the indictment charging him with *178taking ‘one (1) cattle guard” does not describe with sufficient certainty the kind or quality of property alleged to have been taken, and therefore it does not apprise him of the nature of the accusation against him.

Cattle guards are commonly known and have been the subject of the statutory law of Texas in connection with fences, roads, highways, and right-of-way fences and crossings of railroads, together with the decisions of its courts since early in its…