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State v. Bartee

894 S.W.2d 34 (1994).

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State v. Bartee

Texas Court of Appeals
894 S.W.2d 34 (1994).

Facts

Jimmy Bartee (defendant) killed a deer out of season and was indicted for theft and criminal mischief by the state of Texas (plaintiff). In support of the charges, the state claimed it was the lawful owner of the deer. Bartee moved to set aside the indictment, claiming that a deer could not be the subject of theft or criminal mischief, because the state cannot be the legal owner of the deer. The trial court set aside the indictment, agreeing with Bartee that a deer could not be the subject of theft or criminal mischief and that the state could not be alleged as the owner of the deer. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Onion, J.)

Concurrence (Rickhoff, J.)

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