Gholston v. State
Texas Supreme Court
Gholston v. State, 33 Tex. 342 (Tex. 1870)
Walker
Gholston v. State
Opinion of the Court
This court has heretofore held that a gelding is not a horse—and that an indictment which charges the malicious killing of a horse will not be supported by proof of the killing of gelding, is the legal sequence. The charge of the court below was erroneous, and there was error in refusing the charge requested by the defendant’s counsel.
The judgment is reversed and the case dismissed.
Reversed and dismissed.
Reference
- Full Case Name
- John Gholston v. State
- Status
- Published
- Syllabus
- X. An indictment for the wilfull killing of a horse (Paschal’s Digest, Art. 2344) will not be supported by proof of the killing of a gelding.