Powell v. State

Citations

• 7 Tex. Ct. App. 467

Syllabus

<p>Theft of Animals—Indictment. — Under an indictment for theft of an animal, the accused may be convicted of that offence, or of wilfully taking into possession and driving from its accustomed range live-stock not his own, without the consent of the owner, and with intent to defraud the owner thereof, which is made theft and a felony; or a conviction may he had for wilfully driving from its accustomed range live-stock not his own, without the consent of the owner, and under such circumstances as not to constitute theft, which offence is punishable as a misdemeanor. But before the Revised Code took effect a conviction for this last pffence could not be had unless the indictment alleged the value of the animal, inasmuch as the fine was regulated thereby.</p>