Irvin v. State

Citations

• 7 Tex. Ct. App. 78

Syllabus

<p>1. Former Acquittal constitutes no defence against a charge of which the . accused could not have been convicted in his former prosecution. Note the illustrations of this principle collated in the opinion of the court.</p> <p>2. Malicious Mischief. — Under the provisions of the Penal Code, the wilful killing, etc., of certain animals, with intent to injure the owner, is a different offence from the wilful and wanton killing, etc., of such animals, the property of another; and in a prosecution for one of these offences a conviction for the other could not legally be had. Therefore a former acquittal of one of these offences is no defence against a prosecution for the other, though both prosecutions were based on the same acts of the accused.</p>