The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-06-06

had Jurisdiction to try the case. Affirmed.
Per curiam.
Lem Freeman vs.. State: from Grayson
county. II is not apparent from the record
sha1 the court in refusing the application
LOT continuance abused the discretion
Win wnlch 1t Is clothed by statute, nor by
the evidence adduced that the absent
testimony is accessible, was probablytrue
anu These facts must appear to authorize an
appellate court in interfering with such
action OF the court. Affirmed. Per curiam,
Nlhiree VS.. State; from Brown county,
IN prosecution for the unlawful
carrying OF pistol it was shown
that the defendant was citisen
!rNelihs TO the county site. Held, that he
Is not entitled to immunity under the
statute which exsmpts travellers nom nun
lshment for carrying weapons. Affirmed
Per curtain.
Sanchez VS.. State; from Nueces county.
me conviction was for theft of money from
w. The record fails to sustain the grounds
upon which the motions for new trial and
IN arrest of judgment were founded, and
therefore is insufficient il il fails to show
with substantial certainty the misconduct
oil the jury complained Of Affirmed. Per
curiam.
Gernez VS.. State; from Nueces county. A
motion for new trial which sets out conclu
SIons and not facts, is properly overruled.
Inc convection was for theft of horses, and
It is abundantiy sustained by the evidence,
The motion was properly overruled, Az
tirmed. Per curiam
Sorell VS.. State from Bosque county.
Where, as in this case, the recognizance
not only fails to state any oilense again ct
the laws ofthis state, but fails as well to
state that the defendant has been convicted
OF any oiiense, under such circumstances
the motion OF the assistant attorney-gen-
eral to dismiss the appeal must prevail
Appeal dismissed. Per curtain.
Smith VS.. State; from Travis county.
The conviction in this case was fol
theIt OF a geldins and the punishment was
assessed at five years term In the peni.
Tertiary. The JUDGMENT was affrmed at O
previous DAY OF the present term. A mo
tioh was Med for rehearing, pending adju
dicatlon of which the attorney genera
moved to dismiss said motion. Affidavit O
the escape of the defendant from custody
depriyes this court of further jurisdiction
over the subject.matter, and the motion is
denied, Per curam.
Hurlbut VS.. State; from Tarrant county
Indictment was for pulling down the fcnC,
OF one f. without his consent and tn,
proof was that it was the joint property o
f, and one NJ. and dividing fence between
them; that defendant was tenant of NJ
Held, that the indictment was sutficien
to charge the oilense and that there was M
variance between it and the proof Affirm
ed. Per curtain.
Boydston VS.. State; from Denton county
The Indictment in this case was sufflcien
to charge the oflense of horse-theft; tn,
evidence ample to sustain the verdic
and the rharpaQ pprrant Whara n
that the absent evidence for which con
tinuance is asked is not probabl,
true, there is no error in refusing the con
tinuance asked on account Of such absen
evidence. Affirmed. Per curiam.
Murphy ct al. vs.. State; from Hill county
An inspection of the record discloses tina
the principal is called TONY" but that h
does not sign the bond by that name, ant
there is nothing to show that he Is the part,
signing the bond as principal party defend
ant, and again, the Judgment nisi does no
state that the same will he made final. Re
versed and remanded. Per curtain.
Glassvs. State; from Colorado county
The indictment was for theft Of a mare an,
took its place a. No. 1923 on the cour
docket BY motion the defendant avere,
that one II. was separately indicted for tn
same offense, his case being numbered 1895
and asked that K. be first tried, which tn
court refused. 1t was held, in Nichols vs.
State, CT. App. 546, that as a general rul
criminal cases should be tried in their orde
on the docket, but the court was clothe
with discretionary lower to postpon
temporarily a trial for good cause shown
the exercise which will not be revised G,
cept in case OF abuse. No such abuse is ar
parent in this case. Affirmed. Per CT
riam.