The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-06-20

ton for theft OF $275 the property of Mrs.
Emily Saunders. Held, although there Is
an error duly and properly entered I'D dur
ing term time, granting leave to make
up and file a statement of facts within
ten days after announcement yet such state
ment was not filed until twelve DAYS alter
wards and therefore cannot be considered
and in the absence of q statement of facts
there is no question that can be considered.
Affirmed
Houston VS.. the State, from Denton
county. On rehearing. At former day
OF this term ii was held that the court did
not err in its charge that ''if defendant did
shoot and kill deceased, but if the killing
was accidental, or unintentional, you will
acqult him, or If you have any reason
able doubt as to whether it was
accidental, or not, you will acquit him
and further that the act of the Seventeenth
legislature, chap. IA, p. 8, was but delara.
ton OF what the law was at the time of its
enactment, and that the utmost extent that
cases have gone, is to admit evidence of
drunkenness only for the purpose of re.
ducing the crime from the first to the second
degree. and not as complete defence.
After another careful consideration of the
record and of the law applicable to the
case, the court still adheres to the opinion
formerly rendered and the Judgment is
affirmed. Rehearing refused.
Parks VS.. the state, from Parker county.
appellant was convicted of m ordering one
Hogan and sentenced to fifty years imprls.
onment, The only material question rails.
eu as 10 the courts action in refusing to
allow proof that Hogan when drunk was of
ora turbulent and violent disposition. He
gan was an inoflensive creature who loaied
about town and sometimes got drunk On
the night of the killing Parks father and
ms little brother were in the saloon and
Hogan was drunk. Hogan walked up and
tried to shake hands with the kid" as he
termed the, boy. Parks told the boy not to
shake hands with "the id
a scoundrel." some words ensued, when
Parks procured pistol and pursued Hogan
some distance. After short while a report
of pistol was heard, and Parks returned
and went to bed. Upon search being made,
Hogan was found dead, with bullet hole
IN his back. Held, under the facts of this
case, there was no error in refusing the tes.
timony. Affirmed. o.
Wills vs.. GRADER ct al, from Ellis county.
ms Is motion to set aside Judgment of
aihrmence upon certificate and to allow the
transcript to be filed. The ex-
the transcript in time as shown by the
affidavit of the counsel of appellant IS that
the transcript was forwarded to the clerk of
the supreme court with instructions to file
the transcript and briefs in the proper
court, but by mistake they were filed in
the supreme court, and that as soon as this
fact became known the case was Withdrawn
rom the supreme court and filed in this
court. Held, the motion comes too late,
Inc IN! transcript was filed too late and no
| filing motion in time. Motion oyerruled
W.. T. Jones vs.. the State; from Lamar
county. Appellant appeals from conylc-
ton for aggravated assault and battery,
upon one Hinton. Held The evidence
amply sustains the verdict and the charge
poets. Appellants co-deiendant, Emerson,
could not have testified to anv:facts which
were not proved, or that might have been
proved by other witnesses. and the motion
Tor new trial was properly refused. AT.
tirmed