34 Tex. 611
Decided July 1, 1871
Texas Supreme Court · decided 1871-07-01
<p>1. An indictment for unlawfully using an estray described the animal as “ a certain estray mule, then and .there being found, branded with a ■mule shoe on tho left shoulder, and the tip of the- right ear off, of the value of one hundred dollars.” Held, that the description is sufficient.</p> <p>3. In an indictment for unlawfully using .an .estray, the allegation that the animal was an estray is a sufficient averment that the ownership was unknown.</p>
Decided 1871-07-01
¶1The indictment in this-ease is sufficient to sustain the charge. The description of the animal taken Up and used, is more definite and certain than is usual in such cases; And the allegation that the animal was an estray is a sufficient allegation that the ownership was unknown. The court erred in sustaining the motion to quash the indictment. The judgment is reversed -and the ease remanded.
¶2Reversed and remanded.