25 Tex. Ct. App. 419
Decided May 9, 1888
Court of Appeals of Texas · decided 1888-05-09
Tried below before the Hon. J. T. McKee, County Judge. This conviction was had under an information which charged that the appellant “did unlawfully break, pull down and injure the fence of J. D. Dibrell and Emil Masheim, against the peace and dignity of the State.” The penalty assessed was a fine of ten dollars.
Decided 1888-05-09
¶1Both the complaint and the information are fatally defective in that they fail to allege the want of consent of each of the owners of the fence to the pulling down and injuring thereof by the defendant. (Taylor v. The State, 23 Texas Ct. App., 639; Brumley v. The State, 12 Texas Ct. App., 609.)
¶2The judgment is reversed and the prosecution is dismissed.
¶3Reversed and dismissed.