State v. Meschac

Citations

• 30 Tex. 518

Syllabus

<p>Article 775 b of the Criminal Code reads as follows: “ If any person shall, without complying with the laws regulating estrays, take up and use or otherwise dispose of any animal coming within the meaning of an estray, he shall be punished as prescribed in the preceding article. If the unlawful taking or disposition of an estray animal be effected in such manner as to come within the meaning of theft, the person guilty of the same shall be punished far that offense.” (Paschal’s Dig., Art. 2441, Note 693.) It is not enough to charge the defendant with taking up and using a horse coming within the meaning of an estray, worth, &c.,’ without the consent of the owner.</p> <p>It is essential that the indictment, in plain and unambiguous language, apprize the defendant of the particular violation of law which he is called upon to answer. (Paschal’s Dig., Art. 2863, div. 6, Note 720.)</p> <p>The 9th article of the Criminal Code declares, that all language shall be construed according to its plain import. The plain import of “ taking up and using an estray, without complying with the estray laws,” is well understood, and should be used in the proper sense, so that the mind of the defendant may be directed to the particular animal. That is such a description as will lead to an identification.</p>