The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-04-17
synopsis of Opinions Of the Court of
Appeais at Galveston

Appeals At Galveston.
Prepared for the Herald by Edward J. Ham
ner of dalveston.l
Howell VS.. state; appeal from Parker
county. Appellant was indicted for theft OF
q yearing and convicted Tho verdict was,
1--WE the jury find the defendant guilty of
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 Senterilt vs.. state. Al Texas 1888
Upon authority Of that case the court erred
10 overriding tho motion 10 arrest the judy
mont Reversed and remanded. White, p. j.
Richard Giesert VS.. state; appeal from
Dallas county. In eny character Of prose
cltion the venue, as every other element of
the ollense muat BIO established beyond ques
lion. Reversed and remanded. White. p. }
Berry vs.. state; appeal from Collin
county. The statutes expressly provide
tina. everything should DO stated in
IA Indictment, which il is necessary to
prove. Even if indictment in this case were
good, tho judgment should be reversed on
account of failure Of the record to SHOW
aillrmatively that the jury were sw RI. 2
Texas. $50; SO Texas, 500, Texas cuur, OF
appeals, 81; 7 Texas court of appeals, $40;
. Texas court of appeals, Gl2. Reversed and
romanded White, p. j.
S. Il McAdams ct ais. Va the State; error
fiom Denton county. No psrt Of the
descriptive identity OF the oilense as stated in
tho Indictment could on the trial have been
dispensed with as turplstage The variance
between tho forfeited bail bond and the in
diclment is fatal. Reversed and remanded.
White, p. j.
Peters ct ais. vs.. the state; appeal from
Dallas county. () Though tho district
court DO in session, yet no Indictment hav-
ing been found nor any step taken to acquire
jurisdiction of tho party or subject matter, it
was proper for tho officer TO take bail bond
for the appearance of the defendant before
the next term Of the district court, charged
with felony, upon the order of the justice
of tho peace.
I'd. By the voluntary agreement which the
0bligors ia the bond entered into with this
attorney representing the state they are
estopped from denying the validity of their
obligation solely upon the ground that it is
less onerous in amount than that fixed by the
justice. Affirmed. White, p. j.
j 8 Crews vs. state; appeal from Collin
county. An indictment for selling intoxicst.
ing liquors in quantities less than one quart
must allego the tax not paid, which is $3.50,
or that levied by the commissioners of the
county, which, though it need not be any
amount, canroi exceed one>haf the amount |
levied by the state. In other words,
tho indictment must allege the |
several taxes levied and unpaid 10 sustain
prosecution. Reversed and remanded. |
Hurt, j. p.
Rice Va State Appeal from Clay county.
A person travelling with herd of cattle 10 |
market from Texas to Kansas, Is a traveller
within tho meaning of the penal code re-
latirg to carrying certain weapons, and as
such comes within tho spirit Of the exception
therein made In favor OF persons travelling
Reversed and remanded. Winklor. j. 7.
Residovs State: appeal from Parker coun-
sy. An indictment for embezzlement Of |
money is not sufficient without the averment
Of tho value of tho money embezzled. In
this case the denomination Of the several |
bills arc stated but no attempt made to state
that they were genuine or have any value |
whatever. Remanded and dismissed. Wink
ler j.
Atkins vs. the state; appeal from Dallas.
Aggravated assault, Where injury Is in.
tlicted by violence the law presumes tho in
tent and II rests with the defendant to show |
tho innocence Of tho Intention. .. The fact
that counsel for tho 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-
sehtcd in such a manner as to show that the
rights Of the defendant to fair and impair.
tsl trial had been violated. Affirmed.
Winkler, j.
Pickett VS.. tho state; appeal from Wisc
county. 1t Is not necessary TO charge that
weapons were unlawfully carried. This is
not of that class of cases in which II Is 70.
CURED TO go beyond tho law creating the
ofisnse. The language of tho statute was
used and Is sufficient. Hurt, j,