The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1877-04-12
SyBopAis of DeeisIons In the Court
or Appeals.

No. S4-James Pate V. The State oil
Texas; appeal from Parker county.
Appellant was convicted of theft in
the court below at October term, 1875,
and appealed. The appeal was dis.
missed on motion of the Attorney.
General on account of appellant hRv-
ing escaped since appeal was taken.
No. 127-Dan Franklin g. The State
of Texas; appeal from the criminal
court of the city of Paris. Opinion
by NJ. d. Ector, presiding judge.
Appellant was convicted in the
court below of an assault and battery
and fined one cent. Held, That an
objection to verbal charge given by
the court to the jury comes too late
when made for the first time in q nc
ton for new trial; it should be except
ed to at the time 10 be available as q
ground of error. (Pas. Dig. 1904
3067.) 1t Is not error to refuse a new
trial because one of the jurors who
tried the case was a member of the
grand jury who presented the indict
ment, but would have been good cause
for challenge. (Roseborough v. The
State, 43 Tex. r. 570.)
Judgment affirmed.
No. 347-W. L. Waybourn v. The
State of Texas; appeal from Mon
tague county. Opinion by Judge
White.
Appellant was charged with malic-
ious mischief in destroying a fence,
found guilty and fined $50, whereupon
he entered into recognizance and ap-
pealed. Motion by Attorney General
to dismiss for want of sufficient recog-
nIzance. Held, "One of the four
requisites of a recognizance is that it
appears by the recognizance that the
defendant is accused of an offense
against the laws of this State" Pas.
Dig, Art. 2731), and the recognizance
in this case stating that the appellant
was charged with destroying a fence
in Montague county" was insufficient.
Motion sustained and appeal dis
missed.
No. 447-Joseph Senner v. Moses
Strauss; appeal from Grayson county.
Opinion by Judge White.
This case originated in a Justices
court, and was removed by certiOrari
to the district court, where the writ
was dismissed, from which order this
appeal was prosecuted. Held, That
no appeal lies from district courts in
cases brought there by certiOrari from
the Justices courts Citing the case of
Rice v. Rasburg & Co., Al Tex. R.
421) Appeal dismissed.
James Roberts v. The State; appealed
from the criminal district court of
Dallas city. Opinion by White, j.
l. Where the instrument said to
have been forged as set out in the in
dictment by its tenor in hGc Uerba, CT
as addressed TO the 'City Bank" and
as described by its purporf, it is al
legged to be a check for money on the
City Bank of Dallas; the allegations
are repugnant and the indictment IA
tally defective.
2. The instrument, as copied in the
indictment, does not support the allie
cation therein made, 'tthat the false
instrument so made as aforesaid, if
the same were true, would have crea-
ted a pecuniary obligation from the
said A. B. to the said City Bank of
Dallas"
8. Where the pronunciation of a
name is not changed by being spelled
wrong the variance is unlmportant, but
where the last syllable of the draw
er's name ended with the letters
''say," and the name on the instru-
ment said to have been forged, with
the letters ely" the variance was ia
IL
ment IN evidence was error.
Reversed and remanded.
Jose Angel v. The State; appeal from
Victoria county.
The appellant having escaped since
the appeal was taken, the case was dis
missed.
G. G. Rush v. The State.
The appellant having escaped Since
the appeal was taken, the case was dis
missed,