McRay v. State

Citations

• 18 Tex. Ct. App. 331
• 1885 Tex. Crim. App. LEXIS 104

Syllabus

<p>Malicious Mischief.— Appellant was convicted of wilfully and wantonly killing a mare and a mule, the property of another, upon an indictment based upon article 680 of the Penal Code, which defines that specific offense. But the evidence shows that the animals were killed in an inclosure of cleared and cultivated land, which was in the appellant’s charge. Held, that, if the appellant was guilty of any offense, it was of that defined in article 685 of the Penal Code, and not of that charged in the indictment. Payne v. The State, 17 Texas Ct. App., 40, referred to and approved upon this question.</p>