Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-04-30

Hurt J. c.n, lamar
county. The rape In TINS case was
charged to have been effected py iorce.
The state was permitted 10 prove innV
when the injured party began 10 lar
loo. the defendant placed ms hana on
her mouth and threatened TO XII ner
if She did not desist. Held, that the
evidence was admissible because res
gestn; because 1t bore upon the cues
ton of consent because IL showed ,ne
intent of defendant; because import
| ant in passing upon degree oil loroe
used in accomplishing the rape.
Threats In rape case may DE coiisiu
cred in passing upon the suiiicienvy vi
the force and which must be sufficient
fo overcome resistance. The evidence
ia annie TO support the verdict, and
tho Indictment l. affirmed. Hurt, j.
Death Is the penalty assessed IN this
case. Rep.]
Brockman vs.. State, appeal from
Karnes county. In prosecution for
purchasing cattle without a bill OF sale
the defendant offered to prove that he
| furnished money to another to purchase
the cattle for him; that the person did
purchase aud receive the cattle for
| him, and gave him bill of sale, which
he offered In evidence, saying at the
time that it was the bill of sale for the
cattle. Held, that the court erred In
excluding the evidence upon the
ground OF irrelevancy. If the pur-
chase was by agent, and the agent re-
ceived the cattle in the absence of the
defendant, 1t devolved upon the state
to show that they were so received by
the agent with the consent of the de-
PENDANT. The venue of the oflense
charged was in the county where the
cattle were purchased and received,
| There is no manner of evidence in the
record to establish the venue in X.
county. Reversed and remanded.
Wilson, j.
Mulkey & Russell vs.. State, appeal
from Collin Co. The appeal is from q
conviction for violating the Local
Optionn law in precinct No. 4, of Col
! lin county, which conviction was had
in May, 1883. Since that time, in
| September, 1883, at an authorized cleo.
ton, the voters of that precinct declared
against local option, and according
ly the commissioners court published
that the law was no longer in force.
| Under these circumstances the judg-
ment must be reversed and the cause
dismissed, there being no longer law
| in force by authority of which the
judgment could be enforced. Ordered
accordingly. Wilson, judge.
Correl, alias Hays, VS.. State, appeal
from Grayson county. The indict-
ment alleged the theft of horses in the
Greek nation, and that the defendant
brought the same into Grayson county,
Texas. 1t further alleged that the ac,s
OF which Ii charged the appellant con-
stituted an offense punishable by the
laws of the Creek nation then in force.
Held in all compliance with articles
70s and 100 of the penal code; where
fore the motion in arrest of judgm mt
was properly overruled. Having
proved that the witness lived beyond
the state IL was proper TO admit his
depositionbefore an examining court to
be read in evidence. The deposition
being identified as genuine ID has no
tenable objection that it was not sent
to the clerk sealed in an envelope. 1t
was proper to admit evidence that
"Muskogeen and Creek meant the
same thing, and that the "DIuskogee
nation" was the same rs the Greek
nation" Nor was it error to admit in
evidence the code of laws of the Mus
kogee nation. Affirmed. Wilson, j.
Wilmington VS.. Texas & Pacific Rail
way Company, from Tarraut county.
Article 1908 of the Revised Statutes
provides Every action other than
for the recovery of real estate, fol
which no limitation Is otherwise pre-
. scribed, shall be brought within foui
years next after the right to bring the
same shall have accrued" There is II,
tsfat Hon. IA rtsv.N Il
ages for the breach Of Il contract excep
n for dc6t or bond to convey real estate
a debt" does not mean damages,
:. and an action TO recover damages i
n not an action to recover debt. Thi
suit being to recover damages resultin,
a from breach of contract, was not sub
4 ject to the limitation OF two years. Al
"a amended petition, averring more spe
d eihcally written contract and claim
Ne Ing larger damages than claimed in tn
il original petition, does not assert ney
N cause of action. Reversed and re
It handed. Wilson, j.
Ie Evans VS.. State, appeal from Parke
a county. The Indictment in this cas-
l. was joint against the defendant an,
10 one n. charging with the theft of
,e horse. The record brings up no excet
4. ton, therefore the objections to tn
Is charge OF the court, no fundamenta
Il error being apparent, can not be con
A. sidered. Every element of the Offens
20 of theft was charged in the indictment
A. The co-defendant, N, having turne,
10 states evidence, 1t became necessar
n that Ills testimony be corroborated b
e. other material matter connecting tn
!e defendant with the commission Of IN
II ofense. This record shows this {
lr have been done thoroughly and sati.
20 factorily. The Judgments affirmed
l. Arthur Cain VS.. State, appeal fror
ID Dallas county. The appellant wa
prosecuted to conviction In this cas-
m for carrying brass knuckles, and hi
A. punishment was assessed at fine q
.. 80. The appeal is prosecuted to thi
ID court without arecognizance. In sue
10 cases 1t must aiiirmatively appear fron
AZ the record that the appellant Is con
40 fined in jail. In default of such show
@. Ing the motion Of the assistant alto,
ne ney-general to dismiss the appeal mus
10 prevail The appeal is dismissed.
n. Mamie Parks VS.. State, appeal from
m Parker county. The appellant in hi
a. case was convicted for keeping di:
ID orderly house in the town of Weathe,
le ford, and her punishment was assesse
20 at fine of one hundred dollars. al
h. inspection of the record fails to disclos
ri that notice OF appeal was given in th
court below. This the record mus
N show ailirmatively; otherwise jurisdi,
as ton Will not attach to this court. Ar
-, neal dismissed ~