The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-10-09
CRIMINAL LAWS.
tst COURT % APPEALS SPEAKS.
Suggestions Recommending change. Ne
he rsnsi tede aud tiiminsl ifa-
e>duFe correspondence ~
the A%ttarnsT General,

seetfu ~ lhn iflAl Ah'i avn '"A' ~
Criminal Procedure by the Court of Ap'
peslsi
Attorney Gensr,' rs once, Austin, Te'a,, -
DrAs Sm,-The following suggestion
nv the Judges ul the Court ~.
Appeals, touching proposed changes
In aud amendment a. tie Penal Code
snd Code uf Criminal Procedure, d
herewith submitted lur Nuur cnnsidtrn'
don, aud | trust that some oi them, Hl
least, will so Tar meet your approval ~
20 induce YOU Ia assist Ia having thvu
enacted into laws 40 the most rp~-lun nl
eur Legislature, THESE Suggestions
coming from 81 high "a source, Ar
deemed uf the utmost Importance, ant
will be- embodied ia a more permanent
form In my official report, Ia loo submit
ted to the Executive and Loglsl allure,
se1t January. Very respectfully,
JOns u, T~IarLEToN,
AttOTncy-ti'Neral,
CORRESPONDENTS.
AusuSI, lSsi.-IIop, John !, white, rre-id'
ina Judge of the Court Of Appeals Austin
Teas:
DsAn SIR would respectful ~ ask
II other engagements Will permit,
that your court suggest to me-, for
insertion in my neN official report, such
amendments IN tho present articles OF
the Penal Code and Code Of Criminal
Procedure, aud such articles as You may
deem advisable, for the more efficient
enforcement of the criminal laws ~ the
State. In suggesting amendments,
Nonid bs p'easod Ia have YOU assign
ro,snns for such mcndments. lfany
articles sbould be repcaled, | would he
n,ensed Ia have won assign reason. for
susi repeal. Very respectfully,
joins II. TEMPLIroS,
Attorney-ieneral.
OerS'. Orlcc, Court Of Appeals, Austin,
ieaas, September :, lsSi-Hnn. John l.,
Tsnple,on. Auorney-Gcneral;
DH IL SiR:-ih 70 your lrtter
n me Isl ultlilU, "o nn'o ane inl,or ~
TRANSMIT treWlt Sucu sugRsStiohs w
regard TO changes IN our criminal laws
as occur 70 US 10 DC eue Sr'erai .,
these changes, in our oPin.vnl aro VI
very great importance 10 thy eihcient en-
forcement oil the crlhllnai laws OF our
State very Respectfully, e,c;;
So"'A ""',n,
A A. VILE n.
Firrt-Changes suggested III the renal
sode.
DI-ohDEfLf HOUSES.
Article S", ai,etu so as 70 rean as
follows: "a disorderiy mousse Is one kepl
for the purpose oipuplic prostitution or
as . common resort for prostitutes or
Warrants.
AS tbis article now roaus, uhuer ah
Indictment charming lhat inc u use was
kept NJ coiiiiilul resort lor prostitutes
ana vsgabonus Tao PROOF must DO that
both These CLASS ol persons commonly
reSorted there. II ahleilaeu as above
suggested, PROOF mat either oil thesc
the house, ana that tne mouse was KEPT
Tor tlal pnrpose Mouru su'ta,h u cun'
victiOn. Inc Woru 'N"eTaht Is suE,
gested IN place Oh the Woiu ,E"Eaoohu,
because the former is ueIlneu III our coz
u o., 81 anu 'ne It,ter II i'. oeethlS
statute ana cohstiu IN -
vs.. Inc state, decided ny, the court oil
APP.
Article 52S. Amend so as TO read as fol.
lows: "hape lsthe carhal kho"ieuSe Oh
. woman without her cohseHt,, obtained
by force, threats or lrauu' or tne carhai
knowledge OF "a female uhue n age Oh
10 years, with or without the use of
force, threats or fraud, r
the carnal knowleaso OF a wo-
man other than lhe WE VI tne person
having such carhal kh0wledge, sncn
woman being so mentaiiy diseased al
ae tlnle as 10 nave nc VIII 10 oppose VI
the actor carnal kn9Wiedse, the person
having carnal knowleuge OF her KNOW
ing her To be so mehtaliy uiseassu, WIN
81 without consent, WIN or without
49,
As the article now is' the woman VINO
ing eonsenl W the hct Oh carnai khoWl-
enge, 10 M expressly protecteu ~ she
should be. See the cas- OF Baidwln vs..
The State, 10 Texas C0ur OF APpesis,
"a. Where attehtlon 3 called 70 thls 40,
fe0 III tne article reIerrea' t' anu
thereoI suggested
HOMICIDE.
Artlcles on anu DE nouid DO nePealea.
= common Jaw upon thls supJecI IS
sufficient, and i, plain and well settled,
ana IS more IN accor4ance WIN Juslice
hAn the RUE prescrlbeu oy tnese aftl-
clos, AZ CONSTRUED ny the court OF ap.
peeds In Morgan vs.; lhe state, Geclueu AT
Austin term 1881. Inc rules on the com,
no law are succlnclly state1 IN
c9eenieaI on EViuemce, secIlon ios; row
ell 70 tne otate, 10 Texas |our' vi hp-
PeHls, I4.
Articie o4y; Ainend so az 10 lead az
ISsIov b: No PeIson sha,, 10 oom' huIu
10y Eraueo u, hoLhiclue unlo ~ oouy
q the olseaseu, or portions ~ IL, are
ionnd sullclently luehtineu 10 es-
teDi1sn the iact OF tne ueatn Oh 'ne per
sen cnarSeu 10 nave Deeh kliieu:
A. this article now reads, IL wouid
seem W require that the remains OF the
eeseased must snow that ueatn Iesulteu
nQm violence. pee this question NJ
isueG 70, Dut nOt ueciueu, N 'aikos w.
vns ops'e' II IeAas Cour' Vi APpeaiS'
~.
EhBEzzLEMRNT.
Articlo ~. amend so as 10 eau as
foiA)"s: II an yoIhcer, aseht, cierk, az
teeney ~ law, or IN iact OF any inSoIPuS
Seeed coiipa or INSTITUTION, VI any
Osrk, agent; attorney at law, or IN iact'
2rvaht or elhpioye VI any piita.o psi