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JOHNSON v. STATE

No. 10-97-390-CR.

984 S.W.2d 736 (1998)

Toby Wayne JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled February 10, 1999.

Attorney(s) appearing for the Case

Brantley Pringle, Pringle, Johnson, Kersey and Bell, Fort Worth, for appellant.

Tim Curry, Criminal Dist. Atty., Charles M. Mallin, Anne E. Swenson, Cari Bernstein, Steve Handy, Asst. Crim. Dist. Attys., Fort Worth, for appellee.

Before Chief Justice DAVIS, Justice CUMMINGS, and Chief Justice FRANK G. McDONALD (Retired).

OPINION

REX D. DAVIS, Chief Justice.

The court convicted Appellant Toby Wayne Johnson in a bench trial of cruelty to an animal. See TEX. PEN.CODE ANN. § 42.09(a)(5) (Vernon Supp.1999). The court sentenced him to 180 days in the county jail and a $500 fine.

The information alleges that Johnson did intentionally or knowingly kill an animal, towit: a kitten belonging to Michelle Thun by kicking the kitten with his foot without the consent...

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