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NICHOLS v. STATE

No. 37288.

386 S.W.2d 795 (1964)

James W. NICHOLS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 20, 1965.

Second Motion for Rehearing Denied March 3, 1965.

Attorney(s) appearing for the Case

Mac L. Bennett, Jr., W. T. Bennett, Huntsville, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The appellant was convicted of wilfully killing one head of cattle of over the value of $50 by shooting the said one head of cattle with a gun with the intent to injure the owner; and his punishment was assessed at three years.

The alleged injured party, Harold Trant, testified that a 450 pound Hereford-type calf of over the value of $100, which he owned, was found dead in a pasture about seventy-five yards from the road; that the calf...

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