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TILBURY v. STATE

No. 2-93-361-CR.

890 S.W.2d 219 (1994)

Ervin Eugene TILBURY, Jr., Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

December 21, 1994.

Attorney(s) appearing for the Case

J. Rex Barnett, Douglas T. Emerson, Nekhom, Barnett & Emerson, Fort Worth, for appellant.

Tim Curry, Crim. Dist. Atty., Betty Marshall, Asst. Chief Appellate Sec., Sylvia Mandel, Jay Lapham, Brock Groom, Asst. Crim. Dist. Attys., Fort Worth, for appellee.

Before HILL, C.J., and FARRIS and HICKS, JJ.

OPINION

HICKS, Justice.

Ervin Tilbury pled not guilty to a charge of cruelty to animals. The jury found him guilty and the trial court assessed punishment at six months in jail, probated for twelve months. Tilbury assigns three points of error: (1) the evidence is insufficient to show he knew the two dogs he shot and killed were "domesticated"; (2) he was egregiously harmed by the trial court's failure to require the jury to find that he killed or injured...

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