Newton v. State

Citations

• 3 Tex. Ct. App. 245

Syllabus

<p>1. Malicious Mischief.—In a prosecution based upon article 2344, Paschal’s Digest, for willfully killing or otherwise injuring certain animals, the intent to injure the owner is the gist of the offense; and, to warrant a conviction, this intent must be proved as well as alleged. It cannot be presumed from the mere act of injury.</p> <p>2. Ohaege nr Misdemeastobs. — This court will presume that a verbal charge given in a misdemeanor case was correct; but, if the charge was given in writing, no such presumption can obtain.</p>