Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Mr. Leo C. Buoklep
CountyMitarney
ZapataCounty
Zapata,Teras
Dearslrr
1445 of rhe renal Code or T8xa5, 1925,
IS as follows:
"Upon the trial of any person charged
with the theft of any animal of the home,
ass 02' Cattle S~CJi8S, the pOSS0SSiOn of
suah stolen :mbal by the acaused, without
a vn-itten transfer or bill or sole contaill-
,e'lng a 8peciflc description of such aninnl,
$'
2X.r.
Leo C. auckley, February 23, 1939, i'af;e
2
shall be priza foole evidenae agalmt the
acousod that such poSsession was illegal.*
1447 of the l=%nal'Cadaof TOXIS, l9?5,
*If any butcher or other person engagea
in the slaughter of tiixals shall kill or
cmise to.be.killed any umarked or unbranded
anL~1 for mrket or shall purahase and kill
or cause to be k&bed, any nniml without
having taken R bill of sale or w&ten :rcns-
for fromthe party Selling the same, he shall
be fined not lese then fifty nor nom t.hm
three huhdred dollars."
fiTtiC 1449 Ot the "ena1 Code Of Toxsn, 1925,
reads as r0oll0w:
“If any ycrson enwged in the slax.&ter
and s-zleof rul~mls for mrket in shy county,
city, tow OS tillase % this State shell
fail to repcrt to the comlseioncrs court of
the county in ‘;;fiichhe trrahscctssuch bLisin0oS,
at each regulm terrathcrtrof,the nmber, color,
-41 S.W. 615, the
was given the following lnatruction:
WYou ore Instructed that the 'lawreculres
of a butcher that he take a bill of sale to
cattle boy:ht and slaughtered by him as such
butcher, but no law exists requirincjn purohaser
of hoga to take a bill of sale thereror to show
his good faith in the pomxslon.W
The court did not speoifically pass upon the law imolved
In thin instruction but, after expresalrg doubt a8 to the
such instructionin the particular atl6einvolved,
noed io:.-
did hold that the instruction was sufficient. The dicta
in this cnae was to the affect that hogs were not and
could not be included in the terms and provisions of .,rti-
cles l.447and 1449, Penal Code.
It is, therefore, the opinion of this Deparfment
and you am so advised that ‘:irtlcle1447 and 1449 of the
renal Code do not apply to hogs,
Trust?nl:that this satisfootorlly answers your
Inquiry, I s!l
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