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Gallardo v. State

Court of Criminal Appeals of Texas
Mar 11, 1959
321 S.W.2d 581 (Tex. Crim. App. 1959)

Opinion

No. 30521.

March 11, 1959.

Appeal from the County Court, Reeves County, Roy I. Biggs, J.

Means Leigh, Pecos, by Walter F. Means, Pecos, for appellant.

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


Destroying private property is the offense, with punishment assessed at sixty days in jail and a fine of $200.

Art. 1350, Vernon's P.C., makes it unlawful for one to wilfully injure or destroy the property of another. The value of the property destroyed or the extent of the injury inflicted thereon determines the punishment to be assessed.

Here, the information charged that appellant wilfully destroyed a tire belonging to E. W. McCain, which tire was of the value of $35.

It was the state's testimony that the tire was destroyed by cutting it with a knife.

There is no testimony showing the value of the tire or the extent of the injury thereupon inflicted.

Without such proof the state has not made a case.

The evidence is insufficient to support the verdict.

The judgment is reversed and the cause is remanded.


Summaries of

Gallardo v. State

Court of Criminal Appeals of Texas
Mar 11, 1959
321 S.W.2d 581 (Tex. Crim. App. 1959)
Case details for

Gallardo v. State

Case Details

Full title:Froto GALLARDO, Appellant v. STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Mar 11, 1959

Citations

321 S.W.2d 581 (Tex. Crim. App. 1959)
167 Tex. Crim. 511

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