The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-10-26

county. In an indictment which charges
an assault with an intent to commit some
other oiiense, it IS only necessary TO allege
such matters as bring the offense within
one of assault coupled with an intent to
commit the other oilense, co pomine; 90
Texas 10; ID, III; 10 CT. App, Isl; 6S
Ind, SD ID, i23l. Admissions or declara.
ions otsa co-oonspirator against the one on
trial in his absence, after the contamination
OF the conspiracy are inadmissible; set.
App, 32l; 10 CO. App, lSD. Reversed and
remanded. White, p. j,
Texas * Pacific railway company VS..
LOBBY; from Bowie county. Suit brought
on sworn account to recover the value OF
certain cross.tles, removed and appropria-
ted by appellant without authority from
appellee, the owner. Held the cause of
action not existing by any expressed or inn
Piled contract between the parties, plaintiff
and defendant, nor by virtue of any trans
action by which defendant might b held
bound prima iacie to plaintiff for the value
OF the goods, nor by any other transaction
upon which an account could be legiti-
mately based, does not come within the
meaning OF account" as used in the Re-
vlsed Statutes. Reversed and Icmandcd.
Wilson, !.
Ray vs.. the State; from Falls county.
whenever the evidence upon which cOnvic-
ton Is had is circumstantial, a charge upon
that character of the case becomes a part OF
the law OF the case and must be given; an
lexas, =Ol; CT. App, 6j2). Failing to give
charge on circumStantial evidence in such
a case is failure to charge the law OF the
case. 90 CT. App. 507; Id, 203; T. Id, CO..
There being some evidence OF a bona iide
purchase OF the alleged stolen animal, that
question should have been submitted to the
jury % q. App, 303; Id, 35S; 10 Id, ll2 II
ID, l0). The evideuce is also insufficient
to support the verdict, and new trial
should have been granted. Reversed and
remanded Wilson j.
Montgomery w, the Stale; from Cooke
county. Question; Can Il Juror inn
peach, his own verdict by alleging
that he was inundated into agree
ing to 1t by the charge of having been
put upon the jury to hang" ii? Held,
such should not be allowed; IA Gu, 10 J
AS to the other misconduct the court,
quoting the language OF State VS.. Wamon,
say: Evidence will not he admitted to
show that one of the jurors agreed
to the verdict of guilty on condition that
petition, signed by every member of the
Jury, should be addressed to the governor
asking Communication OF sentence; (}l La.
Ann, li6) The evidence does not sustain
we verdict. Reversed and romanded.
White, p.j.
Mun2eshoimer & Co. VS.. Merrill; from
Gregg county. On suing out the srqucstra-
ton. appellee alleged in the affidavit and
citation thnt the appellants firm WAS COM
posed OF Munzesheimer alone, and if there
was any other partner therein he could not
discover it, After judgment, on appeal
ing to the county court, Munzesheimer
signed the appeal bond individually, for
which, ON motion in the county court, the
appeal was dismissed. Held although the
Judgment was against Munztsheiner ~
Co. yet, as shown by the pleudings, he
alone constituted the firm his Individual
signature was sufficient Reversed and re-
manded. White, p. I.