The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-05-21
THE COURTS.
synopsis of Opinions OF Court of
Appeals.


Bret VS. the state; appeal from Caldwell.
As to cross examination of witnesses for The
prosecution, the rule laid down by MIR,
Greeulesf, il that witness cannot be cross
examined as 10 any fact which is collateral
and irrelevant TO the issue, merely for the
purpose of eontradicting him by other evil
dence, if he shall deny it, and thereby dis.
credit his testimony. Greenleaf on evidence
sec. 449; Z Texas CT. app, 50; nor for purpose
of impeachment, does the law sanction an
unnecessary inquiry into the sn,ecedents o!
swtness. Texas ct. app, 346
Other supposed errors are insisted upon
in the assignment and in the brief Of coun-
sci, which We do not consider it necessary to
discuss, 10 view of the conclusio We have
arrived at AS to the proper disposition to be
made of the case as presented on t, c appeal.
We arc not satisfied of the character, conclu.
siveness and sutiiciency of the evidence upon
which tho judgment is based. 10 proof of his
ownership and the identity of the amin, u the
principal prosecuting witness testified:
"When | found the SOW ut defendants
smoke house it had been scslded and clean.
cd and Quilted. | knew it was my sow from
the fact that there were some black hairs on
the head. There WAS nothing about the ami
man when iound by me by which | could
tel! that 1t WAS SOW, but God kaoWs it was
SOW and | know it," Another state,
witness testified, IL went 10 the SOW. l.
may have been two steps and it NAV have
been ten steps. When saw the sow | don't
know whether she was lying on her belly or
on her back, but don't think she was living
on either of these places. | don't koo1
which end OF her WAS towards me. i knows
il was SOW and God knows It was n sow. |
have never seen that SOW since" In behalf
of defendant besides three of his own
family, a white man testified that the animal
killed was in defendants mark. Defendants
character for honesty was also established by
white witnesses who had known him for
years. The court erred in refusing new
trial in consideration of the meaperness and
lnsuihclency of the evidence, wherefore the
judgment ia reversed and the cause remspded.
White, p. j.
Whitney vs. the state; appeal from Era,h
In this case the charge in the Indictment was
'n"t ueioHual. uiu ''uutdWlulIy Keep and
exhibit gaming table for the purpose of
gaming" The proof was that deferdsn threw
dlce and permitted the same to be thrown for
both money aud drinks. on common pi ne
table within his saloon
Held, that such table is not u part of.
nor essential 10 the game of dice, FOE the
same may be thrown as well upon any other
smooth surface. AT the time the cffense is
alleged to have been committed, gambling
under such circumstances came within mona
OF the rules pertaining to the games which
were played, dealt, kept or exhibited for
gaming pnrp0ses" Reversed and remanded.
White, z. j.
Merritt VS.. the state; appeal from Co
msnchr.
l. Under previous decisions there is really
but little. it any, difference in the copstruc
ton plsced upon the law of adultery TP. ID.
AIT. 2O24 and the present existing statute
Art 333, Z. O. Sc Swsnoot vs. state. 5
Texas. court of appeals 105; Park We. state,
.. b. lS4; Merrill VS. state, Texas, court OF
appeals, 447.
. The female with whom tho offsnss is
committed was in law particeps criminis,
AMI her evidence without corroboration must
be held insufficient to support the verdict.
Reversed and remsnded, White, 2. j.
Wallace vs.. tho state; appeal form Erath
The record states that the defendant plea led
guilty, but fails to show that he had been
admonished by the court as to the conse-
quences of such pies; that he was sane and
uninfluenced by any consideration of fear,
by any persuasion or delusive hope of
pardon prompting him to confess his guilt.
70. Q. 2. articles 534. 5lS, 5I9. Saunders Va.
the state, decided at the presen. term J
Because the plea upon which defendant was
tried was insufficient in law, the judgment is
reversed and Cause remsnded. White, j.