44 Tex. 525 | Tex. | 1876
Appellant assigns various errors for the reversal of the judgment in this case, but it is not deemed necessary to examine more than one of the grounds, to wit, that the court erred in its charge to the jury-
The indictment charges the defendant with having fraudulently and feloniously altered the brand of a cow and yearling calf, not being his own property, without the consent of the owner, and with intent to defraud, &c.
The act of February 12, 1858, (Paschal’s Dig., art. 2412,) under which it is probable the indictment was found, punishes this offense in the same manner as if the defendant had committed a theft of the animals.
The court charged the jury that the act of 1866, for the punishment of theft of cattle, was applicable to this case. This act punishes the driving of stock from the accustomed range, under certain circumstances, by imprisonment in the penitentiary or by fine, or by both fine and imprisonment, at the discretion of the jury; or, when the offense is a misdemeanor, it is punished by fine not exceeding double the value of the stock. (Paschal’s Dig., arts. 24105 and 2410c.) Article 2410a punishes theft of cattle of over twenty dollars in value by confinement in the penitentiary, and under twenty dollars in value by confinement in the county jail and by fine, or by imprisonment without fine. The act of
Reversed and remanded.