The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-01-24
COURT DECISIONS,
Synopsis Of Opinions Of the Corrt OF Az
peals, Galveston Term, 1883.

SynOpais OF opinions OF tnc >oUts Va n.y.
peals, Galveston Term, 1883.
Berry ct al. VS.. the State; from Dewitt I
county. The error relied upon for a re-
ysrsal Of this cause is the insuiheiency OF
the judgment nisi, as follows; That seire
facias issue commanding ., to
appear at the next term OF the district
court of Dewitt county, TO be begun and
holden within and for said county
then and there to show cause why this
Judgment nisi shallnot be made final
unless good cause be shown why said de-
PENDANT Berry did not appear and
answer said Indictment" Appellants claim
that such words as are after lana that Seire
facias issue commanding the said TO
appear at the next term" etc, are simply
instructions as to what the scire iaclas viii
contain, but that both the scire faclas and
the Judgment shall state that the Judgment
will be made final. Held, the objection
urged by appellants is untenanle, and the
Judgment is affirmed. Hurt. J.
lerrold VS., the State; from Dmmitt coun-
| ty. See this ease on former appes', IL Ct.
| App, PIG. There is an order OF court IN the
record granting leave to file the statement
OF ACTS within ten days after the adjourn
|
re(ord disclosed the fact that the statement
WI not filed as the required. twas,
| tn elore, improperly In the record, anu
ca OF be considered by Us. fhe bill Of
ey ltions presenting no question In the
al .ce of q statement of facts, except as
u sutliciency of the cha; ge OF the court
u he Indictment and they both being
f. without blemish the Judgment Is
d We'd. White, p.j 49,.
! lmers, VS. the State from Dewitt
+. This is an appeal from a convlc,
IL warnonly imputing the wait OF
ILL., y to a female. The ofense was
VS / by Information aud exception
were taken upon the ground that
lis constituting the alleged Islander
- specifically set forth in the IN
\ N. These exceptions We're over
y "A appellant convicted. Held, il
'S 90 to u . in the court refusing to sustain
3. lotion to the information, In
10 90 to ~ the otlense herein the alleged
Suits y \ words must be set out substan
:, co n Q IN the information; az CT. App,
4sO to 9 O0kpp., oo2 heVerseu auo -uls
mNto IL so Wilson, ].
ka 10 so VS.. the State; from DEWITT
) county..V Ihis is an appeal from II convic
ton uponQ charge OF aggravated assault
, The information charged that appellant. al
4 adult male, committed an aggravated o.
! sault upon q certain named female. Held
I in order that this conviction be sustained
y il was absolutely necessary that the proc
u clearly and conclusively shows that appel
!, liant was an adult male. A close and care
u tut inspection of the record discloses tn
!, tact that the proof is totally in want of ties
;. timony Us to whether appellant was a
=, adult maze or not, and for this omission {
u insuhicienc, Of the evidence, the judgmeI
! is reversed and remanded. Wilson, ].
u u Thomas ct al. VS.. the State; from DeWi
u county A pail bond in which the prime
T. pal and sureties are ''jointly and SEVERAL
v bound" iii specified amount, will no
~ when forfeited authorize judgment fl
a, the full amount of the bond against each
10 the parties bound; al Tex, 24l,) But b
:. cause this rule was vic ated, il would II
- follow that this court would reverse II
T. judgment, but would, under article SGD,
=. q. F., reform the same aud render it heI
Az In the appearance bond, the foundation
10 the action herein, the conditions were tn
70 said Thomas should "be and appear belo
ca the next term OF district court
90 Dewitt county, % to
90 begun and holden on the 18th day
26 February, 1880 i" etc. When this bond "
al executed the statute in force provid ed III
"a terms OF district court for De Witt coun
W., U she uld be holden ''On the first Tue sdays
w March and September and might optin
% in session three weeks" The law did !
Oh authorize the holding Of term of court
10 the 18th OF February. The bail bond hi
- ing obligated defendant TO appear AZ a te
bS not authorized by law was void and no
m gll proceedings could be maintained up
N it. Reversed and dismissed. White. p