Court of Criminal Appeals of Texas, 1953

Miller v. State

Miller v. State
Court of Criminal Appeals of Texas · Decided April 15, 1953 · Davidson
256 S.W.2d 856 (South Western Reporter, Second Series)

Miller v. State

Opinion of the Court

DAVIDSON, Commissioner.

This is a conviction for unlawfully hunting upon the inclosed lands of another, as prohibited by Art. 1377, Vernon's Ann.P.C., as amended.

There is no testimony showing that the lands upon which the appellant was alleged to have unlawfully hunted were inclosed. The state’s witness testified that the lands consisted of agricultural and grazing lands. Such lands, however, must he inclosed, as that term is defined in the .■statute, in order for the statute to apply.

Because the evidence is insufficient to support the conviction, the judgment is reversed and the cause remanded.

■Opinion approved by the court.

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