Hurlbut v. State

Citations

• 12 Tex. Ct. App. 252

Syllabus

<p>Malicious Mischief—Case Stated — Charge of the Court. — The Information charged the appellant with pulling down the fence of F., without the consent of F. The evidence showed that the fence was the joint property of F. and M.; that appellant was a tenant of M., and that S. was the tenant of F., and that the appellant pulled the fence down without the consent of either F. or S. The appellant asked the court to charge in substance that if two men own jointly a division fence, and one of them pull it down to enter, he is not criminally liable upon an information charging the breaking of the fence of the joint owner. Held, that the charge was properly refused; that one joint owner was not justifiable in breaking the fence without the other’s consent; and that it was sufficient to allege the property in F., without alleging the joint proprietorship.</p>