OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Mr. Leo C. Buoklep 

County Mitarney 

Zapata County 

Zapata, Teras 

Dear slrr 

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'Cada of 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 :rcnsfor 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-zle of 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 ‘;;fiich hetrrahsccts such bLisin0oS, 

at each regulm terrathcrtrof, the nmber, color, 

ago, 42x, 22r., -<f-j ;:72 _ jr;y& "f em-&-y ;y;btl 

slowhtered by hizi clnce the lest torn of soid 

court, nccm~enicd MtC ;\ bill ol' sale OT mitten comeyrtnce to bin of every anLz~1 slnu?htered, SGVG smh as vitro rsisod by himelf, ~:h.Lch 

shrll bn apeclf'led, he 3hal.l be 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 onirnuls and z&es mvision that any parson ongci;cd ln the bueimss of sl;r;&e % tering and sale of animal3 ror nm&?t shall report r:t oath 

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 Sp8Cii?iCU3&7 ittitea to "5uy nniml of th~c home, ass or 

cattle epccies." 
-4 

c 

. - 

'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 'law reculres 

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 requirincj n 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 

noed io:.- such instruction in the particular atl6e involved, 

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 .,rticles l.447 and 1449, Penal Code. 

It is, therefore, the opinion of this Deparfment 

and you am so advised that ‘:irtlcle 1447 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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