Govitt v. State

Court of Civil Appeals of Texas May 9, 1888

Govitt v. State, 25 Tex. Ct. App. 419 (1888)

8 S.W. 478; 1888 Tex. Crim. App. LEXIS 74

Willson

Opinion of the Court

Willson, Judge.

Both 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.)

The judgment is reversed and the prosecution is dismissed.

Reversed and dismissed.

Reference

Full Case Name: Edwin Govitt v. State
Cited By: 1 case
Status: Published
Syllabus: Pleading—Information.—To charge .the offense of pulling down and injuring a fence which belongs to two or more owners, an information ■ must negative the consent of eaeh owner. The information in this case fails to negative any consent, and is fatally defective.