The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-02-21

This appeal was taken August 10, 1870; the
transcript was FLED in this court December
96 1882. Under the law in force when the
appeal was taken, the same rules govern this
case as govern IN civil cases, which required
the transcript to be filed on or before the lrst
lday of the term subsequent to the time
OF the perieciing of the appeal, provided.
that twenty days have elapsed between the
pertecting the appeal and the next sue
ceeding term. This record was maniiestiy
therefore, not field in time, and Tor TINS
reason the appeal is dismissed; wilson J.
Haun vs.. the state; from Wise county.
| An indictment concluding against the
peace and dignity OF the state. thls % OF
November, 1882" is invalid because not
concluding as the law reanires. Eviuence
OF a father that the signature to the alleged
instrument was not in the handwriting OF
| his daughter, was inadmissible. The eVi-
dence of the daughter herself was the best
evidence obtainaole, ard the absence OF
| that testimony not being accounted for,
the fathers secondary evidence was mad
Missile. Reversed and remanded. Will
son, ].
Sullivan VS.. the State; from Galveston
county. Where the record shows plea OF
former conviction, but fails TO show That
such plea was insisted or acted on, II VIII
be considered waived and of no avail. In
the absence of statement OF facts in the
record, we can only look to the indictment
and charge of the court aud II they be cor
rect we can but affirm the Judgment.
Looking to the instruments, we ma them
both un0br oxious to objection and there
fore must affirm the judgment. Affirmed.
White, p.j.
Holden vs.. Meyer ~ Bultz; from Arkansas
county. If The proper, bond ana aiildavit
for attachment is made, 1t is the duty OF
the clerk to issue the attachment, whether
prayed for or not. If the lacts authorizing
the writ be properly stated in writing and
sworn to, and the bond required by the stat
ute be given, the writ would, properly Issued
through some of the material lssuable facts
constituting plaintiffs right to recovery
on tho merits OF the case be omitted. The /
firm name to the affidavit is sufficient The
affidavit Is sufficient ii in the signature
thereto no mention is made that the party |
signing il |, the agent or representative OF
the firm If in the body OF the affidavit
that fact is stated. Affirmed. Hurt, j..
Mcconnell vs. the State; from Parker
This is an appeal on habeas cor
pus in which we.cannot, hold the bail Isl 600
excessive. If appellant, while assaulting
his wife with intent to murder her, acct
dentally killed the child. 1t would not be
negligent homicide, but murder OF the
second degree. II in assauiting his wife,
his intention was only to beat her and in
SO doing he accidentally killed his child,
the offence would be negligent homicide.
IL is not clear that the case is not murder,
as therefore we cannot say the Judgment is
erroneous. IL would be proper to consider
the pecuniary condition of appellant, but
such is not shown in the record, and ne
having failed to show what his pecuniary
was, he cannot expect this court
TO revise tho action of the court below in
fixing the amount of bail. Affirmed. Will
SON