State v. Hall
This text of 27 Tex. 333 (State v. Hall) 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.
Opinion
This is an indictment for unlawfully marking and branding cattle, and is founded upon art. 767 of the Penal Code. To constitute the offence attempted to be charged by the indictment, the act must be done “ without the consent of the owner,” and “ with intent to defraud.” For aught that appears from this indictment, the defendant may have been authorized by the owner of the calf to brand it. That he was not, is a material allegation in charging the offence, and should, therefore, have been stated.
The intention to defraud is the gist of the offence, and should also have been charged. (See Code Crim., Proc. art. 399.) The judgment is affirmed.
Judgment affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
27 Tex. 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-tex-1863.