Fossett v. State

Citations

• 11 Tex. Ct. App. 40

Syllabus

<p>1. Jurisdiction — Practice.—The District Court has no authority to> transfer a felony case to the County Court; and therefore an order purporting to make such a transfer is a nullity, and does not divest the jurisdiction of the District Court. No order of the County Court to retransfer the case is requisite.</p> <p>2. Illegal Marking or Branding.— To constitute the offense of illegal marking or branding it is not sufficient that the accused marked or branded an animal not his own, without the consent of the owner. The intent to defraud is an essential ingredient of the offense, and must be established by evidence either affirmative or negative. It cannot be inferred from the naked fact that the accused marked or branded an animal not his own, without the owner’s consent. See evidence held insufficient to establish the intent to defraud.</p>