The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-05-11

WIS NNiflffUt INC 0'tl
nton the whole evi
evident that The HpplN
def IN The irst degfea
bMlaboi aud the
must be sufficient.
onuet that the pfi0f " tli7
qnired, Is evident. In rorogflSNDvD
state, % Court Of App als) different issuSN
vas pfoscnted. There Tie cOur also holds
that The prisoner must prove thnLh he N en,
titled 10 bail upon " Appearing by The
papers that he Is 10 custody charged With
capital olensc. Tho principle there de-
cided in this ConnettiOn, was the state or
applicant entitled to the opening Of the evil
dence. Reversed and bail Of 81 900 ordered.
Wukler, !.
James Wright vs.. the state. The defend.
ant was deprived of o lair and impartial
trial, when one juror was forced upon him
who could not read and write the English
language and 80 could not read for himself
the charge Of the court, and another per-
SOD who was the brother 10 one oi the par-'
tbs, aud another person, who was an "
iured party and brother in-law 10 another,
ia cases Involving to some extent, at least,
proof of the same facts nect ssary to a con-
yiction OF the defendant. lhe former juror
was found upon examination to have pos
sessed Il lair knowledge of English, In the
Nolin's case o. court OF appeals, 4l9),
the court rather called public at
tention TO the subject, to invoke legislation
than construed the words read ami write"
in the statute. Fhis court has, held, on au-
thority of Lies case, Tex. l72, that, 1.-The
right of defendant, charged with Il. tei.
uny, to be tried by jurors. who un lerstand
the English language, is not an open que6-
ton III this state" The court notices the
numerous bills of exceptions, and 1t re-
marks relative to one, that, when the IL
ure to charge upon the law OF clrcGmstan-
4 t..4d nc n
material point il the conviction of the de-
iendant upon another tral should depend
alone upon CircumStantial testimony,
charge should be given upon such. Re
versed aud remanded, Wnkler, ].
Aus. Papinaux VS.. the state; appeal from
Denton county court. The. court Psi61uD
erred in refusing new trial When theT-.
ecuting witness get into eRtangled captea
dictious. and when two witnesses, whose
credibility and the weight Of their testi-
mony is to be Judged bv the jury, it is
true, yet who testify strongly for
the defense, as of old, the defendants
guilt must reasonably appear. ihe early
manifesting of disposition To make repa-
ration goes far to hide the intent to de-
fraud; and this Is discussed iu'!y IN the
analogous case of Fay VS.. the common
wealth, by Judge Anderson The court re-
views ompleteiy and severely criticises the
singular evidence, adding thdt besides the
reasons Already gwen lor reversal, tne JUG
ment Is IA nulllCy because there IS no plea
for the defendant apparent " recotd. Re
versed and remanded. Winkler,
Texas IL Pacific railroad VS.. M. NJ. Miller;
appeal from Dallas couaty. The plaintiff
neednot allege that defendant is q ''corpura-
lion, duly Incorporated" in Justices court,
as required in similar procee dlngs in district
and county courts But if such allegation
i, made it necessitates the deEial III an
swer being in writing and under oath.
(R. S. 1873, 1850, 81 Texas 4t) In suit
against railroad for killing stock the bur-
denis on the defendant to show that the
road was legally fenced since the adoption
of the Revised Statutes. Or. s. 42i5, 76,
Texas, 604) Affirmed, White, y. J.
Andrew Williamson ct ais. vs. the state;
error from Hays county. "A recognlzance
conditioned that A. W. makes his personal
appearance ut the next term OF tie court,
aud there remain from day to day, and
from time to time thereafter, TO answer and
stand trial upon an Indictment presented
against him at the present term of this
court for the theft of q heiier, and that he
do not depart rle court without leave"
Held that suGh recogni2auce is fatally de-
fective in not showing the time and place,
when and where the defendant was bound
to appear, nor the court before which he
was to appear G. G. p, Art. 257, Sub. 4.
A recognizunce similarly conditioned was
held good in "A Texas, 5i4, before the adop-
ton of our present codes. Vide Bones vs..
tho state, SO Texas 3, Let, Apps, 320. Re
versed and dismissed. White, p.J.