The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-05-03
THE COURTS.


Smith vs.. the State; from Bowie county.
This is an appeal from conviction OF as.
sault with intent to murder, for which two
years i'm prisonment was assessed. The re-
cord contsins no statement OF fscts, and in
their ABSENCE any alleged error in overrul'
ing motion for continuance cannot be
COZ sidered. The indictment being suffi.
Gent and the charge Of the court showing
no material or fundamental erior, the judg-
meDt is affirmed.
Williams alias PyburD; from Colorado
county. Appellant wac convicted OF robbing
one Jones and his sentence affixed mt 30
years imprisonment. The only question
noticed on appeal is that which relates to
the action OF the court in everything the
motion for continuance. Held not error.
The diligence shown therein was not sutti
cient and tho evidence sought TO be OBJ.
tained thereby was not probably true.
Affirmed.
Thompsou vs.. the State; from Leo county.
Conviction for the ,heIt OF cattle. Penalty
statement Of facts, but 40 the instrument
was fled after the adjournment Of couit
for the term, and as no order appears OF
record allowing the ssme TO be done, the
same cannot be considered. In the absence
thereof the only question that can be con
sidered is as 10 the efficiency OF the indic'-
ment which upon inspection Is found 10 be
good and sufficient. Affirmed.
Greenwood va. the State: from Caldwell
county. This is an appeal from convic-
ton for assault with intent u murder, Tor
which penalty of two years iinprison-
m mt was assessed. As the evidence did
not make out any case OF msuslaughter, II
WAS not necessary to charge the law appli.
cable thereto. The charge was sufficient
aud no exceptions were taken thereto. The
motion for continuance did not show due
diligence to get the newly discovered evi-
dence, nor was II shown to BIO material. At
firmeu.
Mimms VS.. the State; from Caldwell coun-
ty. Convicted for theft OF horse Tor
which ten years imprisonment was award
ed the prisoner. There was no error Ia re-
fusing the motion to postpone. ror was the
court required to grant appellant time TO
prepare an application for continuance at.
ter refusing postponement. (Dunn W..
State; decided at last Galveston term).
the evidence complained OF not IN charge OF
the court and the judgment Is affirmed.
Neal Va. the State; from Coleman county.
Appellant was convicted OF thu theft Of s.
horse and appealed to this court. Pending
his appeal be escaped from custody, and
upon this ground the states attorney
moves to dismiss the appeal, afiixing to bis
as TO the escape, which motion being con-
sidered Is granted, and this court having 10
Jurisdiction the appeal is dismissed.
Branlie vs.. the State; from Coleman
county. This appellant was convicted OF
the thet OF cattle and presented his appeal
TO the court. Pending the appeal the pris.
oner escaped from jail and has not been
captured. The sheriff makes the necessary
sffidavit of escape and upon this the states
attorney based his motion to dismiss,
|. which being considered Is granted, and the
W. |. Thompson VI. tbs State: from Lee
county. Opinion BY wilson,. In charg-
ing the intent IN this case, the indictment
charges it with the fraudulent intent TO