The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-06-15

san, ,ha ssn,o 40 ,ha ;,, w. waus anu p'es
sna s;gns,ura a,,;n,, ~ 49,, .aa ,.;,h;s
ran 6sys sf,s, tha no ~ VOL" M VIM; ;ui
sni ~ oniv aro ae So =. sS u, .uo u
arcan,;ons ~ ov;5onna Se;,,oa - w. oh
;ac,ipn maSs ~ !, nn ,ha go, - h ~
brsced in the sts,aman. Of sso,s ~ oonOaa
tion with tho av;donca oh;ao,ad ,on Is o
cent;ors 20 av,Sanoa sUn ~; ~ ~. w. go,
Of facts thav will no rnns;daraS w;,h"Mt an,
hin Of sIce,,;"n. 70 GO ,S;s m ,ha any
Adjourned on Inc oo,h ~ Am,;I "a ,Sa S;,ls
of eIcantion were n,o.an,ad 10 aud s;annJ
and csrt;fsd on tbo I'M 81 NAY Amnwnd
White. p 7
II. Mc(irew va thu ststs From Far,
Bend conntv Wbarevsr sycon,;on has haar
taken 10 ,be cbsrca of Inc co,,rt "a on aw
animation tbn cbsrse ia fonnS ;n.nFn;an,
the fact that ths ercen,;on wss ,sIan
nromniIv and in TINA viii nacoss;,s,o 49, ro
perss Sowavs, s,;aht m anness ,ho ,a ,e
dencv 10 iniure The defendsnps rirht.
The s,Ie aetsnse was sn ei;h; NTH ;s
nored in the charge excent in az fsr no tho
reasonable doub, NAV embrace il Tho ruiz
is that when such Ia the solo dsfense il ia
not only competent but proner for the
court 10 explain ia nature and character,
Reversed and remanded. Wbite p /
A. Popinaux vs. the state From ne,ton
county. The rule ia invarisble and imnera.
tive that if tho defendant fails IN Mead 70
indictment, the court. in order to a leyal
trial, must enter A plea of "not cniltyn for
him, before ordering the trial to nroceeI.
and unless the record discloses n nloa on,
tered by the defendant or for hin, con.
yiction cannot stand. Reversed and 70.
manded Wb;ta p ~ "A" '''
III. Ellis Va the stste.from Irvslde coun.
ty. When AS in This case i, annesrs on cara.
full and thorouoh eyaminst;on IF tho racordo
that the evidence ia utterlv and eniiraIu in
sufficient to support tho verdict and that
tho very measreness of iha incnlnsto,v
facts addressed in evidenca sbonId hsus
secured a new trial. in order that tho annel.
liant might have had the bene6t of tho Too.
timony of another, indicted Jointly hit ac.
Quilted. This court will not hesitate 70 sat
aside the conviction. Reversed and remsn.
ded. White. P. ~ '
Jim Cook va tho state. from McJonrar
county. Motion to dismiss the annual from
conviction for CARVING a nistol sbont tho
person, based upon the grnnnd that tho raN
cognisance il describ,no tha off.naa fa;ls ~
charge that the pjstol was nnlswfnllv csrried
overruled. JJoder ,he former Laws roanis
ting the carving of arms tbera be;ng eI.
ceplions in ii. enactinv clause Il was ssoan
tisl to the suficienev Of the ind;ctment that
they DO negative, but this excen,inn hsv;n@
been omitted from the ensc inc clause in tbe
revised code, the Indictment mead M, noun
negative them. and thev .became comneten.
mater of defense. Motion n d;smiss nverN
rulei. Hurt. I '
VIII. Williams Va the state. from Tam
Green county. The trial of a frat or sinh.
seouent snnl,cs,ion f,r a onn, iS vi s"o,
we'll as the merits Of the grounds sst Earth
are addressed to the sound discretion If thu
trial court, and shall not he Granted "a a
matter of right. provided that should ,ba
appellation be oyerruled and asrend.
and convicted and il annears
upon trial that the desired evdencs
was material and probsblv true a naw trial
should be- granted IL beino IN au;donoa
that being asked lust befors his death UNA,
was the matter with him, that dec, a.ad sm
swered, Jack Williams sso. ma y and ths,
Jack Williams VIVA a. n;cL'nsma h. 'u MIA su
'snuaos was KNOWN, was moved ny de-
u,