The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-15
Court of AppeaIs.

Prather VS., state from Bosque county.
1t Is essential to the validity OF a prose-
cution for violation of the local option law
that the election and all steps taken by
the commissioners court be In pursuance
of the act governing the same The act
requires that the order for, election shall
be based upon petition of fifty citizens,
and a showing that the petition was signed
by &C and many Others" is not such q
petition, and does not confer upon the
commissioners court any power TO act in
the matter. And again i'll any view, the
defendant was entitled if he could, to
prove that the liquor which he is charged
with selling did not come within the
inhibited class. Reversed and remanded.
Wilson, j.
johnson, ct nj VS.. state 4; appeal from
Denton county.-Art. 1887, revised stat
utes, provides "that all suits in which
final Judgment shall not have been rem
dered by default as hereinbefore provid-
ed, shall be called for trial in the order
in which they stand ON the docket TO
which they belong, unless otherwise Or
dered by court" In this case there was
no order by the court, and after a mistrial
and q partial progression with the regular
call of the docket, this case was again
called and no appearance, judgment nj
81 entered on which judgment final was
subsequently rendered. Held, that the
RUE US lalu uoWn III Tue arIlcie quoted
l12S7, X. 5. applies as well to criminal
cases, and hence the judgment al ID was
void. Reversed and remanded.-Hurt, j.
Huffman VS.. state; appeal from Bell
county.-While this court cannot, under
the rule laid down in Al Texas, 463, there
being no statute recognizing the fact that
Bolton is located in Bell county, take jul
dicial knowledge of such fact, the evil
dence of itself is sufficient to establish
the venue, though nowhere directly testi-
fed 10. 1t Is not essential that the venue
be established by positive testimony, but
Is sufficient If from the facts in evidence
the jury may reasonably conclude that the
offense was committed in the county al
legged. The doctrine OF reasonable doubt
does not apply to the merely jurisdic-
tional fact OF venue. Affirmed Will
son, j.
Hart VS.. state; appeal from Wheeler
county lin the absence of a statement of
facts this court can only look to the suf-
ticiency of the Indictment and the cor
rectness of the charge. In this case no
error is apparent and the judgment is
affirmed. The conviction was for murder
in the second degree, with term OF
Affirmed. Per curtain.
Kuykendall VS.. State; appeal from
Burnet county.---The Indictment was for
assault to rape, and the conviction for
aggravated assault and battery. While
the charge is not free from
objection, 1t was not objected to
nor charges asked, wherefore this court
cannot notice such error. The error, If
true, is sufficient to sustain the verdict.
and Its truth was an inquiry for the jury,
not for this court. Affirmed.-Per
curtain.
Donaho VS.. state; appeal from Nc
Mullin county.-lf ii appear that it is
necessary to due administration of JUS
tice, the court shall admit evidence at
any time during trial of the cause be-
fore the conclusion of argument. The
evidence rendered in this case was ma
terial, and should have been admitted
when offered before the commencement
ofargument, and that defendants counsel,
before rendering the witness, had an
nounced that no evidence would be offer
ed by him, was no sufficient excuse for
its exclusion. Reversed and remanded.
Hurt j.
Clark VS.. state; appeal from Wilson
county.-The affidavit and information
charges the appellant with the unlawful
sale of whisky on election day. The
AFFIDAVIT and Information are both suffi-
cient TO charge the offense, and the evil
dence ample to sustain the conviction;
wherefore the court did not err in over
ruling the motion for new trial, based
upon error of the court in refusing to
ouase the affidavit and information and
the insuficiency OF the evidence. Affirm
ed.-Per curtain.
Seymour VS.. state; appeal from Robert
son county. THE evidence in this case
in substance showed that Seymour, who
was former tenant on certain farm In