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22 Tex. 591

State v. Lange

Texas Supreme Court

Decided July 1, 1858

Texas Supreme Court · decided 1858-07-01

Tried below before tbe Hon. Nat. M. Burford. It was charged in tbe indictment, that tbe defendant “ willfully “ and maliciously did kill a certain steer, then and there tbe “property,” &c. On motion of defendant, tbe indictment was quashed.

Cited by 2 later decisions — most recently January 1909

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-01

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Bell, J.

¶1Tbe indictment charges that tbe offence was committed on tbe 17th day of March, 1857. Tbe Penal Code took effect, as tbe law of tbe State, on tbe 1st day of February, 1857. Tbe indictment is therefore based on tbe 713th Article of tbe Penal Code. Tbe indictment is a good one. Tbe use of tbe word “steer,” designating tbe species, was proper, instead of tbe generic term “neat cattle,” or “cattle.” Tbe motion to quash tbe indictment should have been overruled.

¶2Tbe judgment of tbe court below is therefore reversed, and tbe cause remanded for further proceedings.

¶3Reversed and remanded.

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