Paul Stedman Cullen v. State Texas

Paul Stedman Cullen appeals his conviction for criminal mischief, see Tex. Penal Code Ann. § 28.03 (1989 & Supp. 1992), arising from his poisoning of the historic "Treaty Oak" in Austin. This particular oak tree enjoys a notoriety based on its age and on historical accounts that Stephen F. Austin signed a treaty with Central Texas Indian tribes on this site. Appellant brings three points of error challenging (1) the trial courts exercise of jurisdiction, (2) the introduction of evidence obtained from a warrantless search, and (3) the jury instructions relating to the alleged destruction of the oak tree. We will affirm the conviction.