Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-02-09
THE HIGH COURTS.
Syllabus of Opinions Rendered at the
Galveston Term, 1854.
EtpOfItU IUI IHt VHNVlNc'
COURT OF APPEALS.

Reported for the Gazette.
COURT OF APPEALS.
Moreno vs. the State, from Nueces
eounty.-The conviction in this case
was for the theft of forty-five horses,
and the penalty assessed WIS five years
in the penitentiary. The record is be-
fore this court without any assignment
of errors, those relied upon being pre-
scented in the motion for new trial.
The action of the court in everything
the motion for continuance is COM
planned of, but as no bill of exceptions
was reserved in the court below, That
question is not revisable in this.
Where the general charge OF the court,
taken as whole, is correct, and re-
spends to the issues presented by the
evidence, it is not error to refuse re-
quested charge, however, correct may
be the abstract principles of law 1t
prescribes. Affirmed. Wilson, }.
: Baker VS.. State, from Dewitt
| county.-Two years were awarded APP
pellarit upon n conviction for burglary.
The indictment was attacked below,
but il was sufficient inasmuch as an
Indictment for burglary need not al
lege that the property taken was OF
statement of facts was filed subse-
ouent to the adjournment of the
term of the court at which the trial
was held and the transcript brings up
no order of the court authorizing such
filing. such statement of facts will be
considered by this court for no purpose
whatever. And, in the absence of
statement of facts and bills of excep-
tions. il is impossible for this court to
saw that the charge of the court, or
that the rulings of the court upon
questions of evidence We're erroneous.
Affirmed: Wilson, j.
Fuller ys. the State, from Erath
county.--The conviction was for the
| theft Of hogs over the value of $50,
with term of three years in The pen
| jtentIarv awarded as punishment. The
objection is not tenable that the court
! erred i'm entering the order substitu-
I ting the Indictment, before the sugges-
| tion of the loss of the original indict-
ment was entered upon the minutes.
| The original indictment having been
pleaded TO by the defendant upon an
arraignment for trial, the loss OF the
same afterwards cannot be held TO
have worked hardship on the de-
| PENDANT. nor can its substitution aitef
| that time be held to be In any way IT.
regular or informal. The evidence
was ample to sustain the verdict oil
conviction, and criticisms OF the charge
are hypercritical. Affirmed. VIII
| son, j.. mi,
question i'm this case is as to the sum
cheney of the Judgment nisi. That
/ Judgment. after announcing the de-
fault of the principal In the bond, re-
cites the bond at length, enter. luus
ment against the principal ana sure
ties Jointly and severally ana proceeds
"And that the judgment VIII DC haue
anal unless good cause be shown az
The next term of this court why the
defendant herein did not appear, anu
That scif.e faclas do issue 10 the j. "a.
Sterneuberg and j. II. SumIail, sure
ties. 10 be and appear at the next term
of this court and show cause, II any,
why the Judgment herein should no.
he made final. and alias eaplas, anu
eontinued.n Held, sufficient 70 sup
port judgment final. A'liFhieu'
Hurt, j.
COURT DECISIONS.
Galveston, February s.-Afiirmed--
Walker VS.. Mi,er, from Walker Con.
4 treras eft al. vs.. Haynes, from starr
Schleicher VS.. hardwood, from De-
Witt: Hutchings VIZ. Jordan soon u"nr,
vile VS.. Carson & Lewis ct al, from
Parker.