The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-02-11
COURT DECISIONS.
synopsis Of OI.inioas of the Court Of Ap
peais, Galveston Term, 1855

synopsis OF Opinions of the Court Of AP
Pesis, Galveston Term, 1855.
HARE. VS.. the State, from san Jscinto
County, Ii must be clearly shoWn that the
object and intent Of the assault was 10 COM
init murder in order to sustain a conviction
for assault with intent to murder. An in
tent TO inilicl serious bodily injury and the
Eiliction oi such without an intent 10 muir
der Is not sufficient. Ii an assault be com-
mitted with intent TO inilict serious bodily
injury and the result OF that assault be
death murder would be the crime. Yet
such being the Intent and death not ensn'
ing tue assault Is not one with intent 20
murder. The intent 90 mutde' constitutes
the essence OF the oiiense, and nothing
short Of that intent can sustain oonvic-
ton Tor an assault with intent 10 murder.
Reversed and remanded. Mite, p. J.
Gillaspie W. the State; from Walker
county. In this case We have the single
question presented, can party be legally
convicted of an assault with iAtent TO muf-
der, without II is already shown that he in.
tended 10 take the life OF the assailed party
And, fun Their II the intention Is shown To
be 10 commit serious bodily harm, and not
to take lite, is the party guilty OF an assault
must be prompted by the specific intent to
kill, in order TO sustain conviction for as
sault with intent to murder. elm criminal
law when special intent, begged the nat.
ural consequences of the thing done, is es-
sential 10 the crime charged, such intent
must be pleaded, fosnd or proved !" A.
Wis, 20, White vs. the State decided Nt
last Tyler term. Reversed aud remanded.
Hurt, j.
Coree vs., Duprce; from Walker county
Defendant IN error, applied TO the county
Judge Tor prcmptory mandamus In com.
pei plaintiff In error, superintendent Of the
penitenliary, TO approve an account for
fI5, said To be due ior conveying convict
to tho penitentiary. The Jurisdiction OF
the court was pleaded to aud the plea over
ruled, Held, art D, sec. 10, pf the Clustitu-
ton, 10 the only provision 0t law governing
In such cases ana therein the power 10 issue
the writ OF mtndumuA h confined 10 cases
where 1t is necessary tor the enforcement
OF the courts jurisdiction To authorize
the issuance of tho writ the court must
have jurisdiction of tho subject matter.
The amount claimed herein $50 not bving
within the jurisdiction OF the county court
that court, therefore, had not authority 10
issue the writ of mandamGS, II was there
fore allegal, aud without authority. Re-
Handel vs., Kramer, from webb county.
If parties appealing their cases TO thls
court desire their errors assigned passed
upon they must be specifically aud parlie-
ularly pointed out in their assignments Of
error, IN accordance with the supreme court
rules, md repeated decisions constituting
thom, tRuleS sup, c., "A, ~ and 70; II
Tex, $50; Al Tex. 6ii, ~ Tex, 23l; "a Tex,
ilb ~ Tex 20; 90 Tex, 2l3; SO Tex, $40,
u Tex, i5i ~ Tex, PSI; % Tex, SD. The
court erred IN refusing TO give the icial
| charges asked and refused they we APP
plicnble and were demanded by the issues
made IN the cause, and the legal toposi-
| tiOns therein contained were substantially
correct. The court also erred in taxing the
entire costs in both the justice and county
court against appellant, ny the Judgment
obtained by appellee IN tho county court
WAS less than that obtained in the justice
| court. REV. stats, art. lijO, Reversed
and rcmanded. Wilson,
Jesse Dyson Vs. the State. from Orange
connty, The charge complained of, reads
'lf from the evidence the jury believe be
You'd n reasonable doubt that defendant aid
fire upon, shoot and kill Lewis
Jackson, and that at the time no 10 shot
aud killed Lewis Jackson, that Lewis Jack.
son was making nm unlawful and violent
assault upon Isaac Dyson, under circum.
stances Ivy which the defendant might nave
reasonably inferred that IL was the intcn-
ton of Lewis Jackson to take the life oI
lsnac Dyson or do him some serious bodily
injury, aud that defendant acting and he.
INK induced by fear of such danger 10 the
life md person oi Isaac Dyson vi the hand,
of Lewis Jackson by such violent attack
shot aud killed Lewis Jackson, and that IN
80 doing he used no more force than was
necessary reasonably under the lncts am,
circumstances surrounding the difficulty ol
assault, then defendant would be Justified, ,
etc, Held, the charge * radically CHROME
Gus, Ihe Jury ~ rot required TO believe
tNcupalory meta beyond reaaonabl,
douht to authorize an OcQui,tal. The doc
trnc OF reasonable Il ubt Is applicable
alone 10 crimuativo facts, and these tn,
Jury must believe beyond reasonable
doubt. Reversed and remQnded Hurt, /
RutIa 1T hl vs., uatlcrc, from fayett,
county. The judgment by default entered
IN the lower court was erroneous bcCaus,
entered In the county court upon citation
commanding appellant to appear belur,
the district court; Or, t. art, l2l6; q Tex
ibS), There was error also In renderln,
Judgment against appellant alone without,
making any disposition of the cause ~ tC
all the defendants who had been served
with similar citations But ono final iuds
ment can be rendered In suit. Some dis
position OF the Cause should have beer
made as to each and all OF the defendant,
simultaneously, otherwise no valid iinn
Judgment is entered rev. Stat, l2SS; I
| Tex, lN; 81 Tex 400 IL Tex, 100, ls Tex.
10. Reversed and remandcd, Wilson, j