The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-06-06
COURT DECISIONS.
,..o,.is of Opinions of the Court of APP
peals

saors that the confession of the defendant
'-,.m.de to the sheriff after he was warned
!, the consequences. That circumstantial
dance must exclude to moral certainty
',.-, reasonable hypothesis, save that Of
'rilt. and that If the jury have reasona-
- soubt Of guilt, the defendant should be
~,orsed the benefit thereof, was u charge
ss,sad by the court because
~ confession was before the jury, and
wv csneral charge was full upon the ques-
.;or Of doubt. Held, correct. Affirmed. Per
cnriau. Nh. m.
usss prosecution aud conviction for failing
" work the roads. 1t appears that the
.,,sment of facts was not filed until after
as sdiournment of court, and the record
IscIoses no order properly entered author
.;ng such proceeding. Otherwise the
.s"ori discloses no error. Affirmed. Per
TKsIis rs. State from Nc Lehman county.
n. defendant WAS convicted of threaten
~, 10 take life. The reeognizance fails to
I,scribe such an otlense, inasmuch rs it
XII 10 slow that that threats were seriously
nah. such being a necessary element in
me ofense. The motion to dismiss appeal
mnst prevail. Per curiam.
Carbon VS.. State; from Live Oak county;
and Brown VS. State; from Uvalde county.
Tho conviction of Gordon was
br murder in the second de-
on srse, with fifty years in the
ssnitentiary assessed as punishment, and
ibat of Brown for bribing Of witness with
Hpnishment affixed at two years in the pen
lisntiary. But the record in neither case
iscloses final judgment upon verdict.
In such cases as heretofore held this court
has no option but to dismiss the appeal.
lppeals dismissed Per curtain.
De Spain VS.. State; from La Sale county
The transcripts of the record IL
misdemeanor cases are required to
ming up to this court proper
rpcoCnizance, when an appeal from convic-
ian is taken, or to show ailirmatively that
the defendant is in custody. When such
transcript does not comply with this posi-
tyereduirement of law, motion to dis
miss the appeal will be sustained. Such be
inr the condition of the transcript in this
case, the appeal herein is dismissed. Pei
Curiam.
This was suit brought by NJ
against L. upon account, and
which by the parties upon agreement
under the statute, was submitted to arbi
tslion. Article 81 of the Revised Statutes
expressly provides that if the right of ap
peal Is not expressly reserved in the origi
nal agreement to arbitrate, no such RICH
shall exist but the decision of the arbi
traitors shall be final. The original agree
ment in this case, as brought up by tn,
record, discloses no such agreement, an(
the motion to dismiss the appeal is sus
tanned. Appeal dismissed. Per curtain.
Stone VS.. State; from Brown county
From conviction for theft OF o pillow
wherein the punishment assessed. was by
fine OF 500 and two hours confinement il
The county Jail, the plaintiff appeals, in
Ssing upon error in the charge OF tn,
court, and tina: the punishment affixed il
cruel and unusual. Held, that the prop
aty stolen being under the value OF BY
heCourt did not err in charging the prose
cution barred III two years, and that tn,
punishment assessed is not cruel and un
usual. Affirmed, Per curtain.
Rsdlif VS.. State from San Saba county
The conviction i'll this case was for the thief
chOrses with term of five years award
ed as punishment. The defendants appli
mony was refused. 1t is held, that while /
h,fue that the granting of even first con
tlnuance is committed to the. discretion G
The court, yet if upon conviction the appli
cation otherwise conforming to statute il
showing diligence. ETC., the absen
svidence appears In connectio,
with that adduced, to be material to tn
defense, and that it is probably true, tn
court below should grant new trial. TIL
record discloses such state of facts, and b,
cause new trial was refused, the judgmen
reversed and the cause reminded
White, p.j
Bostick vs.. State; from Colorado county
Inc objection urged in this case was this
lhe general charge OF the court to the iur
alIed to instruct them fully as TO the ls
upon the question Of reasonable doub
bul II appears from the record that the d,
ehdant asked of the court special chars
upon the subject which properly expount
m me law, which was given by the cour
helu, That the failure Of general charge I
Vver the point was cured by the speech
slarge asked and given, and the objectio
not well taken. Affirmed. Per C,
henson Pacific railway ct al. VS.. Sn,
W. Slaven from Cooke county. II Is di
lOsed by record in this case that the amour
involved is less than 800. Such being Ii
ase, the Judgment below was conclusiy
saa the appeal must be dismissed for tn
sant OF jurisdiction by. this court. Appe,
usmissed. Per curiam.
lay VS., State; from Kinney county. Th
money which is alleged to have been stoleI
disclosed was money won on game
nance. Whatever may have been the fac
s,a the conviction, the e.
ape OF the defendant from custod
,suMulhg his appeal, under previous rulinl
uls court, necessitates dismissal of I'll
Ppesl; Appeal dismissed. Per curtain.
Suilth VS.. State; from Tarrant count,
in,s case was affirmed, because the ev
n.y. saVe w was sufficient to sustain the verdic
se ,ue'ehdant giving no amount Of his pc
tslohs OF the stolen goods; because ii
SSarge was sufficient, and because thei
as no occasion for charge or reasonabl
S svSG. between. grand and petit larcen.
ppyuoh Tor rehearing is now oyerrule,
%riearing refused. Per curtain.
sO Mppler ct ais. vs.. State; from Tom Gree
,uahy' The judgment In this case W,
tS M against appellants April 18th, on
.ssvappeal bond describes the Judgment
mug been rendered on April 10Th. I'll
bS"on 10 dismiss the appeal IL based upc
v ground that while the judgment mig
h., t oeen described without giving ds,
NY snat having set II out 1t must appe
ueu. Held, that the variance In Il
N.Y. N.Y. constitutes a misdescription Of Il
Slneni, Tor which tho appeal must
Pssed: Appeal dismissed, Per ourial
nu,ns Jordan vs.. Badly; from Mitch,
NANNY, sa Article 1894 Of tho revised sti
S,s, provides, among other things, that d
ss'lOn IN error shall state the date OF h
.lng Of the petition In error. tho names