Public-domain · open source
OpenJurist

198 S.W. 302

McGee v. State

Court of Criminal Appeals of Texas

Decided November 7, 1917

Court of Criminal Appeals of Texas · decided 1917-11-07

P. Stinson, Judge. W. C. McGee was convicted for failing to have his cattle dipped as required for eradication of ticks, and he appeals.

Cited by 1 later decisions — most recently February 1926

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1917-11-07

View the full empirical analysis of this case →

DAVIDSON, P. J.

¶1Appellant was convicted for failing to have his cattle dipped under certain circumstances requiring such dipping for the eradication of ticks.

¶2The complaint and information charges that this occurred on or about the 6th of July, 1916. There was no written notice given him prior to the filing of the complaint and information, and if any written notice has been served upon him at any time, the evidence of it is found in the testimony of Dr. Julian. His testimony is that he never did inspect defendant’s cattle or premises; never was at his premises before June, 1917. “I don’t know whether defendant’s cattle ever had any fever ticks. I gave him a notice to dip his cattle, -horses, and mules on that day, June 8, 1917.” If this is sufficient evidence to show he had a notice, it shows that it was given nearly a year after the complaint and information were filed.

¶3There are other interesting questions in the case, but we deem it unnecessary, in view of this decision, to discuss them.

¶4The judgment will be reversed, and the cause remanded.

/198/sw/302 · .json · Public domain