Achterberg v. State

Citations

• 8 Tex. Ct. App. 463

Syllabus

<p>1. Venue. — The doctrine of reasonable doubt does not apply to the venue of the offence. That fact is sufficiently established by evidence from which it may be reasonably inferred.</p> <p>2. Malicious Mischief — Charge of the Court.—It was not correct to instruct that it was an offence to wilfully kill, maim, etc., “any animal,” instead of “ any domesticated animal; ” but the inaccuracy is not material error on appeal, when the defendant took no objection to it and tendered' no instructions correcting it in the trial court, and it does not appear that he was prejudiced by it.</p> <p>3. Former Acquittal or Conviction does not bar prosecution for a higher grade of offence, of which the court which adjudged it had no jurisdiction, unless the trial and judgment were had on indictment or information.</p>