Nutt v. State
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. John H. Reagan. Indictment for wilfully and maliciously killing a bull, on the first day of August, 1856, the property of one Cicero Waits, of the value of twenty-five dollars.
Read the full summary
Appeal from Anderson. Tried below before the Hon. John H. Reagan. Indictment for wilfully and maliciously killing a bull, on the first day of August, 1856, the property of one Cicero Waits, of the value of twenty-five dollars. The evidence was as follows: S. H. Moore testified that sometime during the year eighteen hundred and fifty-six, the defendant told him he had killed a bull branded with J. W., and that it was the bull of Fulton’s; that he killed him to prevent him from jumping into his field. The witness told the defendant that was not the bull of Fulton’s, but that it belonged to…
1Opinion of the CourtWheeler, J.
It does not appear that the witness’s knowledge of the ownership of the animal depended upon his knowledge of the brand. The animal had been left in his charge by the owner ; and his knowledge, thus derived, was certainly sufficient to enable him to testify, as he did, to the ownership of such an animal. What was said about the brand was doubtless induced by the statement of the defendant to the witness ; and it was immaterial whether the brand was the one thing or the other. It was not necessary to prove a brand ; it was sufficient that the witness knew and testified to the ownership of the…
2Cited by4 opinions
- Williams v. StateCourt of Criminal Appeals of Texas · 1895
- State v. MinorNorth Dakota Supreme Court · 1908
- State v. BoiesSupreme Court of Kansas · 1903
- Hamilton v. StateCourt of Criminal Appeals of Texas · 1900