The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-03-04
THE HIGHER COURTS.
Accurate and Full Syliabi OF Cases Ee'
Gently Passed upon
by the Appellate Courts now In Session
at 6alyest0n.
Invaluable Data for the Lawyer.
COURT OF sPPEALs.


claim. Inc AFFIDAVIT - the account Oeing
al. the evidence Ia the record supporting
tue judgment, u 10 insuiiioent. Reversed
aud renandcd.
Consly ". the state, from Traverse
county. Appellant was convicted Tor sodo-
NY upon Il negro boy Appellant and twl
thefs acted together IN the commission OF
tn. offence. que ol when has already been
convicted aud his Judgment affirmed. . b.
lnd.clmen. in this cast IL 10 Il aud SUM-
Gent; the charge 81 the court correct, aud
the evidence amply supports a verdict.
Wood W. the State, IRON Galveston coun-
~. Convection for murder In tine SECOND
degree, for which punishment Of twenty
years In the peniientiary was assessed.
The application Tor continuance was prop.
ely oyerrulcu, II being based on he ground
OF the absence OF material witnesses,ss d no
proper diligence being shown g have been
used, u OBTAIN the desired testimony. a.
though he had already been granted lear
cont nuances. The evidence sufficiently sup.
ports he conviction, ana there being no error
she judgment Ia afiifp,ed.
Williams va. the State. rom Layaoa
county. Cor viction Tor murder la the first
degree, and punishment assessed at oOntins
ment IN tho penitsntihry for lifo, There IL
no error In the record, the trirl being hsn
IN strict accordance OF Law, tho evidence
oeing sufficient ana there being no error IN
the judgment, II 10 affirmed.
Lum vs.. the stale, from Liberty county.
Conviction tor murder In the second degree.
The indictment being good and suuicisat,
exceptions to 10 were properly oyeiruled.
The charge of the CONT 8 objectionable
No errors disclosed Ia the record and The
evidence being sufficient the judgment 10
affirmed.
Hawkins We. the 5 ate, from Walker ooun-
| ~. Appellant appeals nom the couyiotion
ct theft of personal property valued at less
| han twenty q, liars. The Inf rmation upon
which be was convicted Is sufficient The
charge OF the court was correct, and the
| evidence OF the tntit conclusive. Affirmed.
Martin W. the state, rom johnson couRty.
Where the evidence shows Il clear case oil
murder In the second degree, ~ least, aud
defendant was convicted tor mansisughter
only, he can not comp ain that 20 Was con.
Sicted OF lower degree Ot homicide than
the evidence showed him TO be gully Of.
The record disoloses no error In the conyic-
ton, giving the appel iuta right ~ com
plain, and the judgment ~ affirmed,
Gan etson W. tse State, rom Newton
county Conviction Tor unlawiulY carry
ing pistol. rhe evidence showed that APP
pellaut has two lumber camps in the woods
ABOUT mile apart, snd he " az seen carry
log pistol 0n the road halfway between
tno camps. He plead III : It wac upln his
place vi business. Held: The exception m
the statute does not embrace the place H.
which appellan, wss oADght with the pistoi
Affirmed.
rerreil W.. the State, from johnson county.
Conviction Tor tbeit pt cattle, sDI punish-
meet assessed At liz month"; m the peui-
Tertiary. THE record contains no bill OF cx-
ception 10 any action Il ruling OF the court
and the Indictment 10 cnarga OF the couri
being sufficient, and The evidence sustaining
the Judgment. II IL affirmed.
Newnsus vs.. the Stiip from Lavaca coun-
ty. Conviction tor Niluily obslructing 4
,trett in town. The information is sulii
cieDt. and although t1efo Ia no bill o. ex-
captions IN the record, tho charge of the
court is In oil respects correct, and the owl
dence warrants the cnnvlclion. The judg'
ment IL, therefore, affirmed.
TrAmmel. ". the State, from Tarrant
county. Tho indictmentin this case charged
tue theft Of the property stolen to belong IN
part TO Rankin, and ~ part to keithly
The courts charge mentioned only the Iheit
OF the property bslouging to Rsakin. The
verdict found that defendant was guilty rs
charged IN tho indictment Held: In the
absence OF a statement Of facts, the indict-
ment charges but n single transaction, ana
the verdict IL sufficiently responsive 10 the
charge OF the court. The motion for new
irisl upon the ground of newly discovered
evidence canno. DO considered without u
statement of facts, cnd for the same reason
the crarge OF the court being held good end
there being no fundamental error, the judp.
menDt IL affirmed
Hol ne, vs. the State, from Walker coun-
~. Conviction OF q THEFT f personal prop
cry valued ~ less thau twenty collars
The indictment ia sufficient and the charge
OF the court correct. Tie prof of nrfend.
ants guilt was cstiyg aud beyond the per
adventure Of doubt. Affirmed.
sUrsEME COURT.
HutchDgs W.. Jordan Il al, from Somer
val county. Conclusions by Watts, J,
Adopted. Toe suprt M court in this case
adopts alone The conclusions errlved ut by
the commission OF app 'Alst tho Eject that
there IL Sufficient evidences to sustain the
verdict, nnd 10 error being apparent, the
Judgment is affirmed
Con,rorss ct hi We. Haynes, from Star
county. Wine, c. J. Wi.nnut a blI. 81 e1'
ceptions to refusal OF q court TO grant con-
tinuauce this court wi notice point. The
court having sustained dilatory plea or
demurrer to a pleading for durable defect,
the detective plesder may remedy the.de
feet by q trial amendment, without sub-,i.
tdnng the entire ms rumeut, but iriii
amendment can not be made 10 Include
rlegdiDgs not dem sndsd by the Log OF
the court upon euch exception To I
aside judgment ior surprise, u Is noi sum
cient to stare & nerslly that the deiendai b
case is n meri, orious one, but he must tp.cl-
& tho facts upon which he relies. Ole ten
ant in common can Rover mn entire estate
from wrong doer, without 1llnng Ms CO
tenant; Il Texas Law X view, E6). Affirm
ed.
o tbs vs., B.navedeg ct al from Webb
county. Siayton. !. PlaiutH, Rpmor,
claiming uuoer q Mexcan citizen WIN died
IN 1916 could maintain this seton. Where
de e. dante pleaded Limitation and 10 fac y
were set up In rsfhcdtion, which WOMB
prevent the bar. evidence showing cover
lure II p,a ntiffs was improperly ADMITTED.
a party see king To avoid a plef setting up
the statute shoulu show such facts as would
prevent The statute f'om running. The
5 tament o. such tao, IN I" e petition would
be fuiiiclent even II mt stated Ia iofmeT
replication. Reversed and remanjtd.
McAuley vs.. Long & Co., rom Jtnersoo
county. West. 1. A pleadrr l. only re-
qured 10 cover the grounds upon which his
cause at action or defence is basel. ~ D.
unnecessary TO set out the ev dencs on
which he relies TO prove such iscis fne
evidences 10 OF q party II D SUIT woo Was
one OF the original contracting parties 20
the written instrument forming he bssis
o. the nction, was insdmisseble. Nor was
u cured by ih, directions OF the court e.
6eavoring 90 divert the stienticn OF tDo
Jury thcrsirnm. Affirmed.
Schieicber vs.. Hartman, from De witt
comfy. Willie, C. J. IL is unnecessary TO
plead or prove any e TIE proceedings in o.
cause previous to the rend ton OF aoiut =
tic judgment, In an seton upon sufn re
suificiency OF the proceedings crr only b.
called ~ question oy pleading ano Ironl
the defendant. Where Gauss issnbmited
10 the judge alore The admission o. Illegal
evidence 10 not reversible error. q theTe
should be- sufficient zeal evi1eDcst justi's
the fLding Notwithstanding an slsgfc
. | want OF -erylca of prgt<.f, a court 81 equity