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30 Tex. 514

Gill v. State

Texas Supreme Court

Decided October 15, 1867

Texas Supreme Court · decided 1867-10-15

The case was tried before Hon. John Ireland, one of the district judges. The defendant was indicted under the act of 4th March, 1863, to regulate the sale of beef cattle, &c., for that he butchered beef for the market, &c., without keeping and' recording lists of marks and brands, as by that act required.

Decided 1867-10-15

Caldwell, J.

¶1The defendant was indicted at the December term of the district court for 1866, under article 2417 of Paschal’s Digest. The alleged offense was a “ failure to return lists of the marks and brands, stating in said lists from whom purchased, of all cattle slaughtered,” &c., verified by affidavit as therein required. Trial and conviction at the June term, 1867.

¶2It is insisted by the defendant that the act of November, 1866, on the same subject, creates a new and different offense, (Pamph. Laws, p. 224, sec. 3, 1866,) and repeals the act under which he was indicted, without substituting any penalty, which would entitle him to a discharge.

¶3*515We think not. Both acts are on the same subject, and have the same object in view. The repealing statute only supplies more stringent rules of registration of marks and brands, and affixed a greater penalty for its violation.' There is no error, and the judgment is

¶4Affirmed.

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