Wilson v. State

Citations

• 17 Tex. Ct. App. 393
• 1885 Tex. Crim. App. LEXIS 3

Syllabus

<p>1. Carrying Away Timber—Term Defined — Charge of the Court.—In a prosecution for carrying away timber, the court charged the jury as follows; “ The word ‘ timber ’ as used in the statute is that sort of wood which is proper for building, or for tools, utensils, furniture, carriages, fences, ships, and the like, usually said of fallen trees, but sometimes of those standing.-’ Held, a proper definition of the term “ timber,” as it is used in the statute, and that to sustain a conviction for carrying away timber, it must appear that the wood carried away came within such definition.</p> <p>2. Same — Fact Case.— Wood suitable only for fuel does not come within the statutory definition of the word “ timber. ” The evidence in this case, showing the wood carried away to be serviceable only for fuel, is insufficient to support a conviction for carrying away timber.</p>