Yopp v. State

Gardner, Jr

•(a)' The- defendant was convicted of cruelty to animals in that he did run his automobile against and kill certain mules described in the accusation. Briefly, but substantially, the evidence shows that the mules described in the accusation had broken out of the enclosure in a “no-fence county” and were on the public highway on which the defendant was traveling. It was a dirt road. The evidence for the State shows that it was at night, about 8 or 8:30 o’clock. The road was dusty and visibility bad. The State’s evidence shows that the defendant came into the highway traveling pretty…