Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-07-04
COURT OF APPEALS.

Courts.
COURT OF APPEALS.
Watson VS.. Cox, from Ellis county.
When the terms of the contract are
shown to be that, for the rent of the
land, one party Is to pay to the other
acertain proportion of the crop raised
on the land, The relation Of landlord
and tenant is established and the land
lord acquires a preference lien upon
all crops raised Upon the rented prem
ises that year for payment of rent.
While this rent or any part remained
unpaid, it was unlawful for the rentee
to remove, or allow to be removed any
part of the crop, without the consent
of the landlord. Whether or not the
rent was due, the rentor had right to
sue out a writ of distress If 1t be fact
that the rent being unpaid the rentee
was about to remove his crop. Apply
ing these rules to the facts in this case,
the appellant was entitled TO the bal
ance of rent due him. Reversed and
remanded. Wilson, J.
Springer vs. the State, from Uvalde
county. 1.-TWO cases. The offence at
tempted TO be charged in this case is
that denounced In Art. $3.50, p. c.,
which defines disorderly house as
zone kept for the purpose of public
prostitution, or as common resort for
prostitutes and rogabonds." The in
dictments in this case charged that the
defendant ibid wilifully and unlaw-
fully keep disorderly house; to-wit, a
house kept as common resort for
2orostitutes.n Held, that the indict-
ment Is bad; that prostitutes are not,
in legal parlance, the same AS vaga-
bonds, and vice versa; and hence, to
charge the offence, The indictment
should define 1t as defined by the stat
ute. Reversed and. dismissed. Will
son, j.
Turner vs.. State, from Houston
county. The indictment in this case
was joint against this appellant, John
Turner and one Stanley for the murder
of one Montzuigo. Whatever was err
rone GUS In the rulings of the court upon
the propositions involved, has been
corrected or avoided in this But
careful inspection of the records In this
case discloses that the evidence is en-
tirely insufficient to show that If the
appellant in this case had guilty con-
ncction with the offense, he could not
be held guilty of murder in the second
degree. Because the evidence Ia insult |
ficient to support the verdict, the
judgment is reversed and the cause re-
manded. White. p. J.
Treadwell vs.. State, from San ia
cinto county ION rehearipg). The in |
dictment failed to charge that the |
entry of the house was with intent to |
take the property therein being with |
out the consent Of the owner Of said !
property. In other words, in charging
the Intended theft, the essential allie
CATION, without the consent of the |
owner" Is omitted. 1t Is well settled
that in an Indictment for burglary "the
particular felony OF theft Intended to be
must be described with all
its statutory ingredients" One of the
the property must be taken "without
want of consent must be alleged and
proved. This defect was overlooked
In passing upon the case in. appeal
proper. Rehearing granted, judgment
reversed and prosecution dismissed.
j.
Fletcher We. State, from Johnson
county. The Indictment in this case
charged the theft of a mare and colt,
The property Of one Kenningham. In
The first place, the evidence fails to
show, as charged by the Indictment,
that at the time of the theft the stolen
animals were, in fact, the property OF
said Kenningham. Further, the evil
ience fails to show, beyond a reasona.
Die doubt, the most essential element
Of this offense: this Is, "a fraudulent in
ext on the part of the defendant in
aking the animals. Slight circunn-
stances tending tO establish such essen
ial fact are not sufficient for that pur-
pose. Reversed and renianded. Will
'on, j.
Texas g. Pacific Railway Company
70. John Collins, from Dallas county.
"a this case the appellee appears in
his court by consent and confesses
hat there were material errors com.
nitted In the court la the pro-
eedings below, aud lilies consent that
he Judgment there rendered be re-
Tersed and The cause remanded for q
lew trial. Under such circumstances,
his court assumes no discretion, hut
n accordance with the motion aud
greement, orders that the Judgment
. reversed and the cause remanded.
reversed and remapded. White, r. j.
Livingston Va, the State, from John
on county. II II not made 10 appear
Iom the staten ent OF facts that the ring