State v. Harvey
Texas Supreme Court
Appeal from Johnson. The case was tried before Hon. John J. Good, one of the district judges. The character of these cases is sufficiently apparent from the opinion of the court, which was delivered in the case against Harvey, but is made applicable to the others.
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Appeal from Johnson. The case was tried before Hon. John J. Good, one of the district judges. The character of these cases is sufficiently apparent from the opinion of the court, which was delivered in the case against Harvey, but is made applicable to the others. The defendants were indicted under article 775a of the Penal Code, which reads as follows: “If any person shall unlawfully remove, sell, or in any other manner dispose of any animal which has been taken up by him as an estray, he shall be punished by fine not exceeding double the value of the property so unlawfully disposed of.”…
1Opinion of the CourtSmith, J.
—The appellee was indicted for taking up and using an estray horse without complying with the laws regulating estrays. Upon his exception to the indictment for insufficiency it was quashed, to which ruling the State excepted, and brings the case to this court by appeal.
No specific grounds were assigned in the motion to quash the indictment, nor does the defendant appear here and make more specific objections to it. It is supposed, however, that it was quashed upon the grounds, that the laws providing for estraying stock were suspended until six months after the termination of the then…
2Cited by2 opinions
- Smith v. DunlavyTexas Supreme Court · 1869
- Morris v. HallTexas Commission of Appeals · 1880