Aston v. State

Citations

• 27 Tex. Ct. App. 574
• 11 S.W. 637
• 1889 Tex. Crim. App. LEXIS 89

Syllabus

<p>Failing to Make Report Required by Law—Constitutionality oe A Statute.—Article 756 of the Penal Code provides that any person is guilty of an offense who, being engaged in the slaughter and sale of animals for market, shall fail to report to the commissioners court of the county in which he transacts his business, at each regular term thereof, the number, color, age, sex, marks and brands of all animals slaughtered by him, together with a bill of sale, or written conveyance to him for every animal slaughtered by him, save such as were raised by himself, etc. Article 754 of the Penal Code provides that any person is guilty of an offense who, being engaged in the slaughter of animals, shall kill or cause to be killed any unmarked or unbranded animal for market, or shall purchase and kill or cause to be killed, any animal without having taken a bill of sale or written transfer of the same from the person selling the same. To a prosecution under article 756, the defendant pleaded the unconstitutionality of the said article upon the ground that to require him to make such report would be to require him to give evidence that could be used against him in a prosecution under article 754; wherefore the said article 756 is in contravention of section 10 of the Bill of Rights. Held, that the defense is untenable, and that the said article 756 is constitutional.</p>