State v. Spillers
Texas Supreme Court
State v. Spillers, 30 Tex. 517 (Tex. 1867)
Lindsay
State v. Spillers
Opinion of the Court
The court did not err in sustaining the exceptions to the indictment. The estray laws were certainly suspended at the time of the alleged commission of the offense against them, as charged in the indictment. The judgment is
Affirmed.
As the opinions in all these eases were in similar language, the Reporter deems it sufficient to print one of them only.
Reference
- Full Case Name
- State v. J. M. Spillers The State v. Stephen Cantrall The State v. Wm. Weatherspoon The State v. W. R. Herron The State v. Charles Johnston
- Status
- Published
- Syllabus
- The act of 25th February, 1863, which was re-enacted 7th December, 1863, reads as follows: “ From and after the passage of this act, all laws and parts of laws providing for the estraying of stock, and prescribing the course of proceedings in the same, and of selling stock heretofore estrayed, shall be, in all things, suspended for and during the existence of the present war, and until six months after peace shall be concluded, with the exceptions hereinafter mentioned.” This suspended the estray laws; consequently, on the 10th August, 1864, to take up and use an estray was not an offense. (Paschal’s Dig., Arts. 3700-3702.)