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35 Tex. Crim. 437

34 S.W 114

Whitehead v. State

Court of Criminal Appeals of Texas

Decided February 12, 1896

Court of Criminal Appeals of Texas · decided 1896-02-12

Tried below before Hon. G. W. Dak an, County Judge. Appellant was indicted for refusing and neglecting to make out and render a list of the taxable property owned by him and subject to taxation in the Rising Star Free School Incorporation of Eastland County, when legally called upon to do so by the assessor of taxes for said incorporation. The trial resulted in his conviction, with the punishment assessed at a fine of $50.

Cited by 2 later decisions — most recently April 2009

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1896-02-12

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DAVIDSON, Judge.

¶1 The appellant was charged with refusing and neglecting to render for taxation the taxable property, owned by him, within the limits of a certain school incorporation, under Article 113 of the Penal Code. The recognizance recites that appellant stands charged with the offense of refusing “or” neglecting to make out and renderta list of his taxable property when so called upon, in person, by the assessor of taxes. The motion to dismiss the appeal in this case, we think, is well taken. The recognizance recites the offense with which the defendant stands charged in the alternative, and, besides, it fails to recite that the defendant then owned any property subject to taxation in said incorporated school district. Because of these defects in the recognizance, the appeal is dismissed.

¶2 Appeal Dismissed.

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