The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-05-29
DECISIONS.
Ofthe Court of slin Term
Reported for the Galveston News

Reported for the Galveston News
Nollis vs.. State. Appeal from Erath
That defendant was compelled to challenge
peremptorily an incompetent juror, and ex'
hausted his challenge will not OF itself emit
tie him TO have his case reserved. In adj
dition to the fact that he was so compelled u
use his peremptory challenge upon tro
who should have been made to stand aside
for cause, he must show the further fact
that after his challenges were exhausted, an
incompetent or otherwise obnoxious Juror
was forced upon him to his prejudice, and
actually sat upon his trial The defendant
being on trial for murder, the court did not
err in charging that she who seeks and
brings on difficulty with his antagonist
and IN such difficulty kills him, will not be
justified in law even though it should APP
pear that his lite or person was endangered"
This is harmony with the rule In Gilligand
VS.. State, A Tex. 1866. Itappears from the
evidence that appellant provoked the diff
Guilty and inflicted wound upon the de-
cesased. He renews it, ard because deceas-
cd said he had cut him, he tells him he will
kill him if he repeats ii; and when deceased
repeats it, true to his word he shoots him
down and fees the country. He has no
right to complain of u conviction for murder
in the second degree. Affirmed White p. j.
Coney White vs.. the State. Appeal from
Galveston. A document purporting to be a
statement of facts and signed as such by tho
attorneys, but not signed nor approved by the
judge, constituting no part of the record, and
in this court the case stands rs though there
had been no effort TO make the statement
When their is no statements Of facts, bill
of exception having relation to the evidence
in order TO be available, must state the entire
facts or SO much thereof as would be neces-
sary to complete understanding of the
nature, and bearing character of the matter
complained of. In like manner exceptions to
the charge given or retus, by the court can
rarely present questions for revision, so far rs
the same is applicable to the testimony, with
out statement of facts. Affirmed White,
P.J.
Harry Barrett vs.. the State. Appeal from
Erath. The fact that the clerk failed to issue
awrit to the sheriff directing him to serve do
PENDANT with certified copy of the indict'
ment did notatlect the validity of the service.
This omission to issue the writ affected the re-
cords ofth court and not therights to defend
ant. The attack of deceased upon appellant
if any was made, being shown to be one
which must be classed as other than one
with intent to murder or MAIN, it was proper
to instruct the jury, as was done in this case,
shat all other means must have been restor-
cd to by the assaulted party to avoid the
threatened injury, except to retreat before
he was authorized to STAY" Affirmed.
CLARK, j.
John Walker VS.. the State. Appeal from,
Houston. Where goods shipped to amerchant
have arrived at their destination, but are still
in the custody of the depot agent, the owner
ship is rightly laid in the consignees, and pos
session in the agent. When prisoner, with
out being cautioned, makes confession, the
facts and circumstances which are found tC
be true are competent evidence, but not tht
entire confession. Revised and remsndeG
Clark, j.