The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-06-26
THE COURTS,


JOEL VS. the state; from johnson county
BeiEg prosecuted for pursuing the occupa-
ton OF Keeping u ten pin alley withou. hay
Ing paid the occupation tax due the state
and the county, the appellant resisted on the
ground that the game denounced by statute
as unlawful without the prepayment of the
occupation tax, was played with ten pins OF
agivcn size. whereas the game played il
this case was with seven pins of a smaller
size. Held, that the evidence discloses
palpsble attempt to evade the law. The
penalty assessed va, II fine Of SIS. AT
rmed. White, p. j.
Sartn VS. Tho st,le; from Grayson county.
Beng convicted OF bigamy and mis- punlsh-
meut assessed at one hours Confinement in
tho penitenliary, the appellant, when one
hour hal elapsed after sentence WAS pro-
nounce !, applied for discharge under the
statute which prescribes thai the time OF
punishment shall commence from the time
sentence is pronounced, which application
was refused. Held that the court did not
err, and that the term in this case could not
commence until the appellant was delivered
10 the penientisry officials and actually in,
csrcersted. Affirmed. White, P.J.
Elk P.rte Rogers; from Travis. Variance
in an indictment for forgery which sets out
the instrument in tW; verbs, except in mere
fault of spelling, is fatal to thu competency
OF the instrument. as evidence. The ius.ru
ment having been excluded, the court did
not orr in permitting the county attorney to
enter nolle pros and in holding the accused
for reasonable time that complaint might
be filed, even though the evidence
of the state mad in part been intro
duced, and the proceedings, to this extent,
does not authorize plea OF former jeopsr-
dy. The statutes of this state in force prior
state jurisdiction over cases of forgery CON.
mittei outside ofth;s state by the agency OF
procurstlon Of citizsns of this state. AT.
frmed. White, p. j.
Ruston Va tho state; from Dewitt county.
The defencs being that the appellant bought
the animals alleged to be stolen. from one
w. In good faith, not knowing or having
reasonable grounds to believe them to bave
beea stolen, it was an authorized defence,
and called for an appropriate charge there
on. Reversed aud rem ,nded. Winkler, j
Walton Va the state;from Burleson cuun v.
One of tina requirements of tbs psnal Gods,
art. 420, is that the information shall SO:
out the otfs1se in plain and Ineligible
terms. Article 1856 defines who are Migrants
Information for vagrancy should have
charged the defendant as coming within
some ono of the definitions. That she with
force and 4rms was then and there u vagrant
within the meaning of the law" is not sutli
Gent to charge the offence Reversed and
remsnded. Wiukler,J j,
Blandford.vs tho state; from Travis county.
Plea to the jurisdiction set up that the of.
Tense for which tho defendant was tried, was
not among tn ,se provided for by the treaty
% extradi aole, and that 1t was not tho ore
for which he was exTadited. s ate moved
to slrik, out the plea and the motion was
sustained. Held that 10 this action the
court erred. Hurt, j.
Wllbsnks vs.. tho state; from johnson
county. The state relied upon circumstan>
tial evidence to convict, and the court so
charged tho jury that they were permitted
arbitrarily to reject, or receive and credit the
testimony of q witness who test Il Vi before
them. In this the court erred as attempting
to lay down the rules for the guidance of tho
jury in forming verdict Reversed and
remandsd Winkler, j.
Collum va, the state; from Navarro county.
Article 1888 P. @. (R. s. discoses the change
m de Ia the definition of the olfense of adul
terry, describing tho otfense now Ne the
"living together and carnal intercourse with
each other. or hnbitusl carnal intercourse
without living together of man aud wo,
man when other Is married to some other
person." and this deanition lays down the
Two modes In which the of,nse may be COM
mthd. Instruction to the jury as to what
proof woud warrant conviction, though
sutii lent under the old law, will not NEE,
the requirements under the new. Reversed
and remanded. Winkler, j.
Decisions Of C0mmssssi Oners Of An
peals In "Conseni" Cases.
MoCrary OF al VS. Waco Lodge No. 70
!. o. f.; from McLsnnan. In sui. to
subject the building of corporation to the
demands OF matcrial.men under tho statute
giving lieus TO mechanics, laborsrs. artisans
etc., and extended by constitution of 1879.
service cf copy OF tho bill of particulars,
which had been duly recorded under the
statute, was served BY "handing 1t 10 II,
- chairman Of ,he regularly appointed and
fully authorized building Committee, on the
1ams day that Tho other duplicate WAS flled
for record" The contract being virbal,