The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-03-14
CURRENT COURT CURIA.
What Oar Higher rrlb mats Have Had
10 Say,
And the Qu's'ions The, Pat ON Concur
rent Jurisdiction.
gal Lore and Information.
COURT OrAPrsALs,


fayOb ct nj, vs. TIE state; from Efa'h
county, Opinion by " il.on All persoli
t,cused OF crime Hrr secured IA their right
10 demand hal, by section III ui the hili Il
"a ., xoept IN sucn cases where the fact,
snow win reasonable certainty that sccus
ed II certainly guilty oil capital crime. tn
proof In this Case In not evident within IN,
meaning of the provisions Of the oil n
isnts and defendant shouli have bsen adj
United to bail. Jndgmsnt reversed aud
nail In sum OF 5000 granted sAcs sppli-
cant.
skipworth " the State: from Lsvscs
county Conviction Tor ineft OF oxen. tn,
cpirps charge In tho cate I.
adm it,sa by appellant T. b.
made by the record Apd me only qnes'iou
acre presented i. thr = ifici-ne, Oi zoe evil
debcs hslh sadini.ni. Affirmed.
Laird ", FrieDorE, et sl.; from Galveston
county. Opinion by Hunt J. An appeal
bond filed In iustice's court within ten day.
alter motion tor rehesting ~ overruled - ~
time. A bond cont aiming the words with"
fleet instead OF ," effect In sufficient
Where the bond SEES form tho number OF
the csse. the names ~ the parties aud the
Ia. and smoaut Of the judgment, ihe lat
ter varying but one cent. Held sufficient.
Reversed and remandod.
Washing on VI al. W. tls State; from
dsiv.ston county The motion tor rshesr.
Ing herein IL tor the purpose OF getting the
court to consider the statement OF act, but
- tue same was tled In time, rs shown by
40 record, and this court cannot go be-
,Jnd the record 10 determine It's tru II ul.
nets. tina request will be refused. Affirmed.
Ma'thens " the State; from Brsglrit
cosnty, IN indictment for swinding which
q go not set out tho false pfetenses. nor
"a Ilspe that they were known 10 the de-
81 l., -. L..
ingiy made them, nor that the injured
party was Induced N part wish his proper y
bv reason of said false pretences, II is III
sufficient. Reversed and dismissed.
Riru W tn ot,r. rom Da las county
Opiuion by White p. r tier the acts
amounting to complete theft have been
committed, II the party Continue. 10 carry
sway the stolen goods, every step he takes
~ y nov trespass. aud the Intention OF
ealing Doi being abandoned, is new
larceny. Tie may, therefore, be indicted
tor the ,te-ling either in the county OF the
theft or any other into which he carries the
len goods. Where direct, positive evil
dencs OF fact can be had, circumstantial
evidence will nos he sufficient Reversed
and reminded.
BuDi.in W. the Stsie from Tarrant
county. Opinion BY White, p. j. The IN
dictmsnt alleging thH delivery OF the pledge
~ Upon the security and pledge Of sold
watch then sud there by said Buutsin, de
llyerei to the said N rs security
and pledge for such losn" was cuff
c,enL. Properly bs nR received by fraudu-
lent means, no subsequent rest ration
atone fnr the crime. The b,li OF exceptions
not set,ing forth tue expected evidence tor
which n motion for continuance wss
sought, iis materially cannot be dstcrm-
ined Where the case was reached late III
the evening and the state announcing
rsady, tina defendant moved o. continue
until the mex. day, and the court
ordered defendant TO be re .dy with his wit.
nesses or mis- motion Tor continuance, and
the next morning the, defendant sppeared
and upon opening oi the court dstsndant
asked time to orspar. his motion for con.
tinuannt. Held, the court properly re-
fused this time Us requested Affirmed.
Marthen. rs. the Btaie; from Brasoris
county. Opinion by White, . J. a recog.
nigance reciting that the principal aud sure
ties (nsming them acknowledge them
selyes bound and indebted to the sbise of
Texas In the penal sum" The court now
laws down the rule that 40 sure ;ies cannot
sever the amount OF tho bond Tor which
they become liable, md 10 the Jaw ti1es
their status A. several and not Joint
obligors, that they are Jointly liable by vir-
tue OF their Undertaking, And it makes mo
difference whether the rsoogni2anos slater
that they are ssysrally bound or not. No
tion TO dismi's overruled.