The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-04-21
synopsis OF Opinions of the Court OF
ADuea,s at Galveston.

SynOps1Sof OpintOus VI t"o coESVA
Appeals at Galveston.
Prepared for the Herald by Edward j. Ham,
ner of Galveston.]
Howell vs.. state; appeal from Parker
county. Appellant was indicted for theft of
yearling and convicted. The verdict was,
"We the Jury find the defendant guilty of a
misdemeanor, and assess his punishment at
one hundred dollars" Motion in arrest of
Judgment was made on the ground that the
verdict was insufficient to support judg'
ment. Such verdict was held clearly in
sufficient in Senterft vs. state. Al Texas loo.
Upon authority of that case the court erred
in overruling the motion to arrest the judg-
ment, Reversed and remsnded. White, T. D..
Richard Giesert VS.. state; appeal from
Dallas county. In any character OF prose.
cution the venue, as every other element OF
the offense must be established beyond ques-
ton. Reversed and remanded. White. P. j..
Berry vs.. state; appeal from Collin
county. The statutes expressly provide
that everything should be stated in
an Indictment. which it is necessary to
prove. Even if indictment in this case were
good, the Judgment should be reversed on
account of failure of the record to show
affirmatively that the jury were sworn. z
Texas. 2S0; 3s Texas, 500; 8 Texas court OF
appeals, "a; Texas court of appeals, 326;
8'Texas court Of appeals, 6l2. Reversed and
remanded. White, p. j.
s. E. McAdams ct ais. Vs. the state; error
from Denton county. No part OF the
descriptive identity of the offense as stated IN
the Indictment could on the trial have been
dispensed with as surplasage. The variance
between the forfeited bail bond and the in
dic,ment is fatal. Reversed and remanded.
White, P. j.
Peters ct als vs.. the state; appeal from
Dallas county. ~ Though the district
court be in session, yet no Indictment hav-
ing been found nor any step taken to acquire
jurisdiction of the party or subject matter, II
was proper for the officer to take bail bond
for the appearance of the defendant before
the next term of the district court, charged
with q felony, upon the order OF the justice
of the peace.
I'd. By the voluntary agreement which the
oblgors in the bond entered into with the
attorney representing the state they are
estopped from denying the validity of their
obligation solely upon the ground that 1t Is
less onerous in am cunt than that fixed by the
Justice. Affirmed. White, ~.
Us Crews VS. state; appeal from Collin
county. An indictment for selling intoxicat-
ing liquors in quantities less than one quart
must allege the tax not paid, which is $ZSo'
or that levied by the commissioners OF the
county, which, though it need not be any
amount, cannot exceed one-half the amount
levied by the state. In other words,
the Indictment must allege the
several taxes levied and unpaid to sustain a
prosecution. Reversed and remanded.
Hurt, j. p.
Rice VS. State Appeal from Clay county.
A person travelling with herd of cattle to
market from Texas to Kansas, is q traveller
within the meaning of the penal code re-
lating to carrying certain weapons, and as
such comes within the spirit of Tire exception
therein made in favor of persons travelling.
Reversed and remanded. W Sler. j. p.
Reside VS. State: appeal E. IN Parker coun..
sy, An Indictment for ,abezzlement OF
money is not sufficient l.hout the averment
of the value of the IL 0ney embeZzled. In
this case the denomination of the several
bills are stated but no attempt made to state
that they were genuine or have any value
whatever. Remanded and dismissed. WINK
Ter j.
Atkins VS.. the state; appeal from Dallas.
Aggravated assault. Where injury Is In
flicted by violence the law presumes the In
tent and II rests with the defendant 10 snow
the innocence of the intention. 2 The TACT
that counsel for the state in his conclusion
travelled outside the record, discussed mat
tiers not in evidence and counsel for defense
was not allowed 10 reply thereto, will not
Justify interference by this court unless pre-
sented in such a manner as TO show that the
rights of the defendant 10 fair and impair
tisi trial had been violated. Affirmed.
Winkler, j.
Pickett va. the state; appeal from Wise