The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-06-07

mirted al all, it was committed on, or about
the 9Th day of October 1852. Held, To
sustain conviction, the evidence must
show that the offence was committed prior
to the presentation OF the indictment. Re-
yersed and remanded
Hays VS.. the state; from Harrison county,
opinion by White. p. j, The definition of
malice aforethought,' is not correct, for
under II party may commit a xii ing, which
would be manslaughter only. The yolun-
tary doing OF an unlawful act, with the in
tent, means and ability To accomplish, the
reasonable and probable consequence of il
would be granddaughter, If it was the re-
suit OF sudden passion and upon an AIDE.
quate cause or 1.-THE voluntary doing of
an unlawful act with the intent
means and ability to accomplish il. -
may apply as well 10 aggravated, or even
simple assaults, or, in fact, any other felony
or misdemeanor known TO the code, if the
same Is dependent upon act and intent, and
which IS not dependent for its criminality
upon the existence OF malice aforethouyht.
Malice aiorethoughth means something in
Itself, and cannot be condition only
which is equally applicable 10 most oifenses
other than murder. To constitute murder.
or an assault with intent to murder, the act
must be voluntary, II must be unlawful, 1t
must have been done with means and
|
thereto must be done with malice afore-
thought. Malice aiorethought" is a CON
dition OF the mind which shows heart re-
gardiess OF social duty and fatally bent on
| mlschlei, the existence OF which is inferred
from acts committed or words SPOKEN. Is
Court of Appeals, 9l) Reversed and re.
handed
Moulder vs.. Story; from Navarro county.
Opimon by West, !. The rule of descent
IN Mexico in 1886 was, that where there
were brothers and sisters, or either. of the
whole blood, those of the half blood conld
no; take by inheritance; (Coopers Code of
Justinian, p. 800 $50; Moreau q Carleton
Partidas, vol, ., p. NOD. At the death of
Samuel Holloway, therefore, only his
brothers and sisters OF the whole blood in.
herlted his estate. One of them died in
testate and without issue in 1872. The act
OF 1910 was thenFin force laws of the
Republic OF Texas, 1910, p. l34) Under
the llth section OF this law, on the death OF
John Holloway his interest in the land
would pass to and vest in his brothers and
sisters OF the whole or half blood. And
his interest will be 50 divided as that each
brother and sister OF the whole blood
would tps" two parts, and each of the
half b. cd part.
The transler of negotiable promissory
note, as collateral security, IL q transfer in
due course of trade and for valuable con.
sideration The note in this case is PAYABLE
10 Holloway, or order, and therefore NAV
be considered negotiable instrument and
assignable as such 1t was not indorsed or
assigned in writing by Holloway but was
merely delivered by him to appellee as col
lateral security for goods purchased
Under such circumstances appellee did not
acquire the legal title to the note.
The doctrine is stated in Daniel on Neg.
ms, v lume /, page 7ll az Conn. llS. q
Mo-, lOl; 6S, Me-, 252i 10 Wis. l7S; 40 Mich,
55).
While appellee could maintain an action
on the note in his own name, to entitle
him to recover, it was incumbent upon him
to allege and show the facts in which his
right consisted. In such suit all defences
that would be available against the payee
would also be available against appellee.
except such as might be acquired by appel.
liant with, notice of appellees rights. Re.
versed and remanded.