The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-05-01

whether in law or equity, that could, a
common law, be granted either by cOur
of las or in equity. Affirmed.
McNair VS.. the State from Comal county
Recent possession OF stolen property alon'
has never been held sufficient. Recent pos
session, when circumstances demanded al
explanation, has Just been he'd suiiicien
TO sustain conviction. Where there /
other evidence than the corpus deficit. i
may or may not be sufficient. Defendant il
not required to prove his lawful possession
In .the Strctest sense OF the word. Re
versed aud remanded. Hurt, /.
Williams vs.. q. G. & s. Fe Rail way; from
| Tarrant coluty. under the 18th section
of our Bill of Rights. Notwithstanding TIA,
| property itself was not actually taken, gel
II 1t was damaged by the building OF rail.
road upon the street adjoining, the owner
can stcure to the extent III such damage
Tex. Law Review, page 5 Reversed and
remanded. Hurt, ].
Lewisvs, the Stale from Fayette county.
In appellants motion for rehearing he fails
to set for b any new grounds not already
discussed by the former opinion affirming
the case, and there being no good ground
the rehearng isreiused. Hurt, j:
Edwards vs.. the State: from Travis cnun.
ty. Where the record contains no state
ment OF facts nor assignment OF errors, this
court can only look to the indictment and
charge OF the court, and the former being
good and sufficient, and the latter present.
ing fairy the law, the judgment affirmed.
White, p,l.
Eakin VS.. Home Insurance Company
from Lamar county. IL is not every ovt r.
valuation of property by the insured that
viii avoid policy Of insurance. To do so
II must be IA gross and clear generalization.
qIiln IN al mi ha Ia hs.
such by the insured, and not known to the
insurer, and therefore false and fraudulent.
Reversed and remanded. Wilson. i.
Creswell VS.. theState from Tar.
ant county. There is no law com
pelling witnesses in "a case to con
fer either with the attorney for
the defendant as to their knowledge of the
facts. The evidence of the dangerous cha.
racer of deceased was properly excluded
there being noproper predicate laid for its
Introduction. Affirmed. Wilson,
Gordon vs.. the State; from Live
Oak county. The indictment being
sufficient exceptions thereto Were
properly overruled. The application
for continnancewas properly re.
fused, as no due diligence was shown, be.
sides the desired testimony was supplied.
The evidence does not show manslaughter
or sell defence. The charge of the court
was sufficient. Affirmed. White, p. l.
Addington VS.. Bry son from Cook county,
IL error III forcing appellant to trial, it coulu
nave been cured by motion Tor new trial
But It deyolyed on the applicant to show
by affidavit that his failure to ask for con
unuance under sworn statement at the
proper time was not his fault and neglect,
and should have been supported by aiiida.
VII OF the desired witness and to the facts he
would have testified, or his own affidavit as
to these facts If the other affidavit could
not DO procured. Affirmed on award.
White, p.
Jones vs.. the State; from Travis county.
Injunction is dead. The cour; assess pun
lshment not warranted by law, If not, be.
cause the jury imposed upon appellant and
doubled the punishment imposed on his
co defendant, who plead guilty, gives us no
ground for reversal. Appellant having
allowed the Juror to sit in the
case cannot now avail himself of the fact
That the jurorwas II relation OF the pros |
ccutlng witness. Affirmed. White, p. /.
Cook vs.. the State from Dallas county.
The constituting an accomplish are aux. |
.liary only, all of which may be aud are per
ormed by him anterior and MS inducement |
10 the crime about to be committed. The |
offender may not only perform |
'ome antecedent act in furtherance of the |
common purpose whether he be present
when the main fact is to be committed
'r not. The evidence fails to support the
,erdlct ana Judgment on the ground of de-
Iendants guilty completely as a principal
'Iiehder. Reversed and remanded. White,
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