Court of Civil Appeals of Texas, 1888

Govitt v. State

Court of Civil Appeals of Texas · Decided May 9, 1888 · Willson

25 Tex. Ct. App. 419; 8 S.W. 478; 1888 Tex. Crim. App. LEXIS 74

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.