Gholston v. State

Texas Supreme Court

Gholston v. State

33 Tex. 342

DecidedJuly 1, 1870

StatusPublished

This text of 33 Tex. 342 (Gholston v. State) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gholston v. State, 33 Tex. 342 (Tex. 1870).

Pincite

Opinion

Walker, J.

This court has heretofore held that a gelding is not a horse—and that an indictment which charges the malicious killing of a horse will not be supported by proof of the killing of gelding, is the legal sequence. The charge of the court below was erroneous, and there was error in refusing the charge requested by the defendant’s counsel.

The judgment is reversed and the case dismissed.

Reversed and dismissed.

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Walker, J.

This court has heretofore held that a gelding is not a horse—and that an indictment which charges the malicious killing of a horse will not be supported by proof of the killing of gelding, is the legal sequence. The charge of the court below was erroneous, and there was error in refusing the charge requested by the defendant’s counsel.

The judgment is reversed and the case dismissed.

Reversed and dismissed.

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Bluebook (online)

33 Tex. 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gholston-v-state-tex-1870.