Untitled Texas Attorney General Opinion

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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, -<f-j ago, 42x, 22r., ;:72 _ jr;y& "f em-&-y;y;btl slowhtered by hiziclnce the lest torn of soid court, nccm~enicd MtC ;\bill ol'sale OT mit- ten comeyrtnce to bin of every anLz~1 slnu?hter- ed, SGVG smh as vitrorsisod by himelf, ~:h.Lch shrll bn apeclf'led,he 3hal.lbe fined not less than fifty ncr ,'1orc than three hundred dollem." The tm artlclen mxt above quoted deal with the butchering of ummrkad and wbrmded onirnulsand z&es m- vision that any parson ongci;cdln the bueimss of sl;r;&e % ter- ing and sale of animal3 ror nm&?t shall report r:toath r0g~iar teni 0r the ~O.ZL~~ES~~P.WS~ Court i.~th0 c3my 8 list of such miruls slaughtered by hFm ma .lacom?anied with a 5111 of mle 0P cmry anLm1 so 812uil:htered uzd listed theeroin. It will be noted that ztiola 1445 abnve quoted ia ittitea to "5uy nniml of th~chome, ass or Sp8Cii?iCU3&7 cattle epccies."

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'3.r. Loo C. Buckley, February 23, 1939, Pa@ 3

In the case ot mlee1er vs. state, 41 SW 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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