Schutze v. State

Citations

• 30 Tex. 508

Syllabus

<p>In an indictment under articles 2417 and 2418 of Paschal’s Digest it is sufficient to charge the offense in the language of the statute, which reads as follows: “ Every person who shall butcher beef, for the market of any town or village, shall keep lists of the marks and brands of all the cattle slaughtered by him, and stating from whom purchased, and, at least once in each month, shall return the same, verified by his oath, to the clerk of the county court, who shall cause the same to be recorded in his office, and keep them subject to the inspection of the public,, which oath may be taken before any person authorized by law to administer oaths; and the clerks shall be entitled to such fees as is [are] provided by law for similar services. Should any butcher fail to render such list for any month by the 15th day of the next succeeding month, he shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than fifty or more than one hundred dollars for each offense, one-half of which shall go to the informer, and the other to the jury fund, as above provided; and, if he return a false list, shall be guilty of false swearing, and liable to prosecution therefor, as in other cases.”</p> <p>Where the defendant was indicted as “ J. S.,” and judgment was rendered against him as “A. S.,” the case was reversed, and the court directed to render the judgment in accordance with the indictment and verdict of the jury-</p>