McGinnis v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of cruelty to an animal. The court assessed punishment of confinement in jail for 6 months and a fine of $100. The imposition of sentence was suspended and the appellant was granted probation.

The appellant asserts the court’s charge to the jury was a comment on the weight of the evidence. He also challenges the sufficiency of the evidence.

The prosecution is for a violation of V.T.C.A. Penal Code, Sec. 42.11, which provides:

“(a) A person commits an offense if he intentionally or knowingly:

“(1) tortures ... an…