The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-02-01
synopsis of Opinions of the Court OF
Appeals, Galveston Term, 1888.

Appeals, Galveston Term, 1888.
Allen VS.. the State; from Bexar county.
This is conviction of burglarizing house.
The evidence showed that appellant was
recognized while in the house, and further,
that a policeman captured him as he wi
escaping from the house. The evidence is
amply sufficient to support the verdict;
| the Indictment is good; the charge of the
court is full and correct, and there is no err
ror IN the record. The motion tor new
trial, made by appellant ON the ground OF
insanity, was maniiestly insufficient.
| Should every matter alleged therein be ad-
mitted, it does not show that appe liant
was sufficiently insane as to be relieved OF
the responsibility Of the crime for which
he was charged. Beyond this fact, there
is not sufficient diligence shown in his at
tempt TO procure the testimony desired.
Affirmed. Wilson, ].
Terrell vs.. the State; from Milan county.
This Is an appeal from conviction OF the
theft of a beef, belonging to one Hender-
son. Appellant was jointly Indicted with
one Meadows, who escaped. The evidence
clearly shows that the parties were caught
| in The act of skinning the beef, and that
they admitted that the beef belonged TO
Henderson. The evidence is somewhat
conflicting as to who stole the beef, yet it
sufficiently supports the verdict. The in
dictment is sufficient. Taken as whole,
the charge is good, yet, as there was no ex-
ceptions reserved by appellant to any part
Of the charge, nor did he ask any additional
instructions the charge must stand. The
record fails 10 reveal any error, and the
judgment must be affirmed. Wilson, !.
Gfiggsby vs. State from Milan county.
Appellant was charged and convicted OF
the theft Of horse from one Pitman. Pit.
man tied his horse to a rack in the town OF
Cause and went visiting On returning be
found his horse gone. Laying in wait, be
ar. ssted appellant on the latter coming up
TO horse which stood near by. On the
person Of appellant he found an empty pis-
tol-scsbbard. The footprints Of the man
who stole the horse were traced some dis
lance out Of town 20 a motto Of timber,
where the stolen horse was found
and near ~ the stolen horse
was found pistol which fitted
the ecsbbard owned BY appellant. The
Footprints Of the thief correspond with
those Of appellant. The defendant relies on
the irsufiicieucy OF the above evidence
alone on a reversal. We cannot but think
that the evidencefairly supports the vertion,
and the alignment IL affirmed White, p. j.
Evans Va the state; from Camp county.
Appellant was convicted Of an assault with
intent 20 commit mrrder on one johnson.
The omission Of the words with intent, +"
vhe-e the count charges the jury regarding
''sssauit 20 murder Il not sufficient 10
ritiste q conviction. Nor viii the verdict
he st aside on q similar simple ground
Of omission, for an assault t. murder conld
not Be without an intent
% murder. DefsDdant put on the
stand . witness Who testified that BE knsv
nothing Of the case. but VINO had Prev
ouslv testified tnat re would swear 10 GER
tain facts, which supellant alleges Il cosld
have proven By other parties Arpelient
bass his ground for = nev trial On this
MISTER Of surprise. He'd, appellant having
taken the chances Of acquIftal, cEunct
plead such. for When surprised Re SHOULD
have rIlesd To- posfr0nefnenf % 0roer 70
- The rftue.ses- Afirmed. NLlson- J.
I-eis ". tue Sac irrrn AcLennen
eCuntv. This i 81 aDpsa = m nonTic-
fir1 81 - Ess1ult ulth irtefr 70 rape
49, nfclcek in ~ lrc1i1e. B>ssie
olive. 60 ort,lnD ein q "a TeGrss Ess