59 S.W.2d 831 | Tex. Crim. App. | 1933
Conviction for altering, mutilating, etc., a public record; punishment, two years in the penitentiary.
Article 1002, P. C., forbids that any person, without authority of law, shall wilfully and maliciously “change, alter, mutilate, destroy, deface, or injure” any book, paper, record or
Article 1123, P. C., penalizes him who with intent to defraud shall make or cause to be made any false entry in a book kept as a book of accounts; and article 358, P. C., penalizes any clerk of a court who knowingly makes any false entry upon the records of his court which may prejudice the rights of any other person. But the language of article 1002, supra, seems beyond question to require that he who violates said article must wilfully and maliciously mutilate, destroy, etc., an existing book, paper, etc., then already in being and a public record. It is true that in a certain sense a man’s record may be the' continuous aggregate of his deeds, and the records of a county or state may be taken to mean the continuous entries of various accounts from day to day or year to year; but in article 8 of our Penal Code we are told that in construing this Code, except when a word, term or phrase is specially defined, all of same are to be taken and construed in the sense in which they are understood in common language, taking into consideration the context and subject-matter relative to which they are employed. Viewing the context of article 1002, supra, we note that everything else named in said article, aside from the word “record,” is clearly some existing, tangible, material substance such as “books, papers, and any other documents permitted or required to be kept by officers”; also looking to the acts made penal in said article, we note as part of the context such acts to be “change, alter, mutilate, destroy, deface or injure.” To attempt to correctly apply to the intangible thing sometimes called a ■record, as against the tangible book in which records are kept,
The authorities of Dallas county seem to have proceeded in this case on the hypothesis that a false entry in a new cashbook intended to be thereafter a part of the books of account of the county would be a mutilation, destruction, defacing, altering, etc., of a public record required or permitted to be kept by public officers in this state so as to make punishable under article 1002, supra, him who did such act; but we do not so conclude.
It is not claimed that the accused in this case changed Cashbook 18, which was already in existence, or that he multilated, destroyed, changed or altered Cashbook 19 after the entry was made, or as to anything already written or entered therein. In our judgment the indictment in this case charged no offense. The facts fail to show any mutilation, destruction, defacing, alteration, etc., such as is forbidden by article 1002, supra.
The judgment will be reversed and the prosecution ordered dismissed.
Reversed, and prosecution ordered dismissed.