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- 
tie animal of another had entered his herd.t| Un- 
der the Texas Penal Code an offense is complete 
as soon as the cattle are driven across the county 
line, and may be prosecuted in either county.® 
‘‘Wilfully’’ means with evil intent.2 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 
98 Fossett v. State, 11 Tex. 4Chamberlain v. Gage, 20 
App. 40. Towa, 303. 
99 State v. Haws, 41 Tex. 161. 5 Rogers v. State, 9 Tex. App. 
1 Taylor v. State, 35 Tex. 496. 43. 
2Kollenberger vy. People, 9 6 Yoakum v. State, 21 Tex. 
Col. 233, 11 Pace, 101. App. 260, 17 8. W. 254. 
3State v. Swayze, 11 Ore. 
357, 3 Pac. 574. 
