Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 235
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1875.] THOMAS v. THE STATE. 235
Opinion of the Court.
court as proof of title. It is merely pleading, and nothing
more, in the absence of a statement of facts containing it.
And the statement of facts made by Holliday, plaintiff, and
the defendants below, the heirs of M. de la Garza, do not bind
the intervenors, nor does it establish anything either to their
prejudice or to their advantage, any more than to that of any
other stranger to them.
There is not, therefore, any error presented in the record,
that can avail the plaintiffs in error as it is presented to us.
M. THOMis v. THE STATE.
CRIMINAL PROCEDURE. Under the Code (Paschal's Digest, Article 2344), the
willful killing of a hog, when done with intent to injure the owner, is
punishable by fine not less than three times the amount of injury done
to the owner, and not exceeding ten times the amount of such injury.
Held, That the amount of injury done the owner being an element in the
punishment, must be distinctly alleged, and an allegation of the value
of the animals killed is not sufficient.
APPEAL from DeWitt. Tried below before the Hon. D. D.
Philips, Lackey and Stayton, for appellant.
Geo. Clark, Attorney-General, for the State.
REEVES, J. The indictment charges the appellant with having
unlawfully, willfully, and maliciously killed three hogs, of
the value of ten dollars, the property of J. D. Anderson, with
intent to injure said Anderson.
The jury found the defendant guilty, and assessed the fine
at forty-five dollars, for which sum the court rendered judgment
and ordered that the defendant be committed to the coun
ty jail until the fine and costs were paid.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/243/: accessed March 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .