254 ESSENTIALS OF VETERINARY LAW 



202. Wrongful Branding. Intent to defraud is 

 an essential ingredient of the offense of illegally 

 marking and branding an animal.'-'^ The unlaw- 

 ful branding of a colt, the ownership of which is 

 unknown, is an indictable offense.^^ But, where 

 the defendant, as soon as he discovered that he 

 had branded a colt which did not belong to him, 

 went to the owner and explained the circum- 

 stances, and bought and paid for the colt, he was 

 not liable to indictment for wrongfully branding.^ 



203. Driving from Range. The Colorado act 

 relative to the driving away of cattle, making the 

 same larceny, is not intended to take it out of the 

 general act, but to make it indictable under 

 either.^ The act will not be pronounced felonious 

 where, in good faith, the animal appears to have 

 no owner.^ To recover for the unlawful driving 

 away of cattle it is necessary to prove some knowl- 

 edge on the part of the defendant that the domes- 

 tic animal of another had entered his herd.^ Un- 

 der the Texas Penal Code an offense is complete 

 as soon as the cattle are driven across the count)' 

 line, and may be prosecuted in either county.^ 

 "Wilfully" means with evil intent.^ But one in 

 charge of pasture is not guilty of '* wilfully driv- 

 ing cattle not his own from their accustomed 

 range," for driving away from pasture cattle 



98Fossett V. State, 11 Tex. * Chamberlain v. Gage, 20 



App. 40. Iowa, 303. 



99 State V. Haws, 41 Tex. 161. s Eogers v. State, 9 Tex. App- 



1 Taylor v. State, 35 Tex. 496. 43. 



2 Kollenberger v. People, 9 c Yoakum v. State, 21 Tex. 

 Col. 233, 11 Pae. 101. App. 260, 17 S. W. 254. 



3 State V. Swayze, 11 Ore. 

 357, 3 Pac. 574. 



