Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-06-20
THE HIGH COURTS.
syllabus Of Opinions Rendered a, n.
Austin Term.

'.epa'eu especially for Tus "a. vy,-r. :.
Courts. 'ne appellate
COURT OF APPEALS,
,,S u.auy CT al. VS.. Leo Rogau. comfy
yuuse, ETC, from Caldwell countv
SUI. 70 recover the penalty nameS a.,
.iluor dealers bond, being In favor %
.ne county, Is not a suit In behaIf ~
s ~. STATE 10 recover n penalty ar so,.
TEXTURE within the meaning of srt,c,a
section y OF the constitution, and there,,
,o'e .ne county court has Jurisdiction
IN such suit, although brought In tha
name oil the county Judge for The mse
az ,a .ne county, the judge is not disonal.
a ,neu. me county attorney il fully
authorized by law TO bring sucb n sni,
ana no order from the county cnnn,;s'
sioner's court Is necessary, II was ne,
error IN the, trial court TO refnsa ~
allow appellant TO ask the inrors ~ Nv
question, Have YOU any HAS In fs,ns
OF or any prejudice against the bns a"."s
,,,i SELLING ing Intoxicating liquors In qaan.
APpeilant Grady having procured
we license and given the bond. and
.ne business being conducted in his
name, ne Is liable for u breach Of such
pond, although IL Is shown that he has
no interest in the business. Affirmed
Wilson, ].
~ Inomas vs. State, Auders IN county.
10 authorize a conviction for assault
WIN intent TO rape, II devolv,s upon
Tue state TO prove such specific intent.
An intent to have improper connec.
tion with a woman, but without tho
use OF force, and not without the con.
sent OF the woman, will not be mn
assault TOT rape. The trial court charp ID
that ANY violence upon the D .rson of
another with intent TO iniure such
person Is battery, aud where Vic.
ience Is actually committed upon the
person OF another, no matter how
slight, 1t rests with the person iu,iict-
ing the injury 10 show the accident or
innocent intention" Held, that
while this Is abstracily correct, IL was
error to so charge in this clse, as the
burden Of proof was on the state To
show both the assault and the
specific intent charged. Reversed
and remanded. Wilson, J.
Elk parte w. w. Pace, Nolan
county. This is an appeal from the
judgment Of Hon. T. b. Wheeler in
chambers, refusing bail. The judg-
ment is reversed, and II Is ordered that
appellant lie admitted to hail In the
sum of 5000. Reversed White, p. J.
Madison W.. State, Walker county.
The court below, at request OF the dis
trict attorney. charged as follows:
"The selling Of property belonging to
another by one who knows the same
is not his own Is sufficient In law to
constitute a taking, and If all the
other elements OF theft are proven aud
taking Is shown by the sale of prop
erty. then such sale Is ataking under
the law" Held, error, as there must
be actual taking, or conversion of the
property. to support "a verdict of theft.
Reversed and remanded. White, =. j.
Ross VS.. State, Walker county. The
court charged the jury as follows: cit
Is not necessary that there should be
any actual breaking to constitute the
ofiense of burglary, when the entry is
in the night time. An entry into a
house in the night time, without the
consent of the owner or some other
person authorized to give such con-
sent. with intent to commit a theft is
an entry by force as meat,tin the law"
Held, error, as to constitute burglary
the entry must be by force, threats or
fraud, whether in the day time or at
night. Reversed and remanded.
White, p. J.
David Treadwell VS.. State, from Hen
derson county. Appellant was con-
victed for murder in the second degree.
The deceased died more than nine
months after he was shot. The indict-
ment was presented nearly six years
after the shooting. The court held
that the evidence fails to show that the
deceased came to his death from the
effects of the shot. Reversed and re-
manded. White, P.J.
Pickett ct al. VS.. State from Jack
county. A judgment nisi is fatally de-
fective If IL does not state that the same
will be made final unless good cause be
shown at the next term of the court
why the defendant did not appear.
That married woman was a surety
on bail bond does not invalidate 1t as
to the other obligor. 1t would be in
valid az to her. Reversed and remand
ed. Wilson, ].
Bird vs.. the State, Milan county.
A return of stolen property. influ-
enced by threat of prosecution for the
theft, Is not voluntary return within
the meaning of the statute, but If 1t be
made under the Influence OF repent
ance for the crime, and with desire
to make reparation to the injured
owner, it will be voluntary, although
it may he Influenced by fear OF punish
ment. Reversed and remanded. Will
son j.
Frank Wayne vs. the State,
Walker county. The allegation in the
Indictment Is passing a forged order on
II. w. Markham. The evidence Is
that said Markham received the order
and paid portion therecfo out OF funds
of Il. w. Marx ham & Son, Held, that
Ii1s'sss " r %ssa
Horace Treadwell VS.. the State,
Walker county. That one Of the
Jurors trying the cause was too dear TO
near. the evidence comes too late IN
motion for new trial. Affirmed. Pr
curtain.