Tharp v. State

Citations

• 28 Tex. 696

Syllabus

<p>In a prosecution under article 775 b, of the Penal Code, for taking up and using an animal coming within the meaning of an estray, without complying with the laws regulating estrays, it is essential that the evidence should show that the offense was committed within the county where the indictment was found. Such proof was matter of substance, and was requisite to sustain the jurisdiction of the court. (Paschal’s Dig., Art. 2441, Note 693.)</p> <p>A conviction under the article above referred to cannot be sustained unless there was evidence of the value of the animal. This is necessary to enable the jury to assess the punishment) which is limited by the act to a fine not exceeding double such value. (Paschal’s Dig., Art. 2441, Note 693.)</p>