Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-06-03
THE HIGH COURTS.
ssllaSns ef 0pinicas Rendered at the.
M E Arstin fsrm.@ T
fTpafESAtspetisuy for lbs sssrtf sv y
w tackson, VReporteu IN ~ 80
Court OF Tcshs. w E W

s i0s'-s% AZ "a NJ
COURT OF APPEALS.
Porter VS.. the State. fror Tro 81.
county. Appellant was comm,t,ad 90
jail, In December. In default ~ ha;,
upon charge of theft of n horsa
the grand jury al next .erm hu mt.
take presented a bill for theft Of \ SAL, sa5l
die, instead of theft of horss
After the grand jury adjourned for III.
term, the district attorney moved the
4 court D-holdShim,over to next yrsr,ss
Jury motion was refused ana n.
new com hlaintwAs made against ~.
peliaut bs5bre q Justice, and he was{e'
comniitted int default Of bail. A6onA
hnoeas corpus the dIstrics
judge refused discharge and
appeal was taken. Held The
doctrine Of res adjudicsta or leonardo
has no application to proceedings BE-
lore examining courts, and such pre-
ceedlngs are not ., bar to su bseoie6t
l,roceedi ngs tef5re sNcli u court invSav.
ing The same transactions. The chnrt
below did not err In refusing a dis.
charge, and the judgment is affirmed.
opihion by Wilson, J. Hurt, j. is not
prepared to concur or dissent.
Cooper alias, jackson vs.. the State,
appeals from Fails c5ilnty. This case.
waS ore who'll Of; clrcumstantial eSi-
uences ahd the cuuft failed to instrlictu
as TO that character of evidence.
Held, under oft repeated decisions,
such failure In the charge in felony
case Is fundamental error. Reversed.
White, p. j.
StailwoTtif lys. The Statcs appsalI
tfronf Ealls COUNTY. I The indictMentlin'
TINS case was FOR "giving AWAY one
! drink of Intoxicating liquor In d pre-.
cinct where local option had been
adopted" Held, the indictment states
no offense, the legislature having NO
\ power Under the constitution to pros
hibls the WN of Intoxicating, and even
where sale is charged of the ofiense,
1t essential that, the, Indictment
should charge that the sale Was made
with the purpose of evading the law"
reversed and dismissed, White, =. j.
n Turner va the State. appeal from
Parker. In this ease, after Che app aa
Twas perfected,. the record in the trial
4 court except the Judgment, the motion
Tor new trial aud Judgment overrul
ing thes same, and defendants recogniz
ance, was destroyed by fire. AT the
next term oflcoiirtfh he district attorney,
on motion, substituted the complaint
and information, to which the
4 defendant excepted. The defendant
then substituted the statement
of facts; bills OF exception,
: charge OF court -ete.--ai,tl= tle--sabtsi-
tuted record is brought before this
court by eettiorsri.h Held, That under
, the provision Of Art. SO, G. G. p. ;. rs
: construed in the cases of Hill US. the
State, Texas. Court of Appeals, 800;
| Knight VS., Sta Q, I i'd, 206, after the
, appeal is perfected, the court a quo has
: no power to amend or substitute the
record, and the one before US cannot
, be considered. Note The court
l doubts the correctness OF this rule, but
f adheres to it on the principle of store
deccis, and suggests proper Legislation
: nponstiie subject Reversed and re-
: nianded. Wilson, j..
Barrsvs. the State, appeal from Frio.
: The oflense was committed in Xavallt
county, then an unorganized county
4 and attached to Maverick for judlcia
1 purposes. BY subsequent-nct Of iegis
: lature Iavalla county was attached L
ytfI'rio. and by order the case was traus
! l1erfedF to sthe,la county for trial
| Before trial. steps had been t,tkel
!. to organize Zavalla and a partial or
g gaIIization had been effected, but tlis
|. time for holding the district cour
s therein had not been fixed either by
hthe legislature or by order Of the dis
j trict judge. The defendant pleaded t.
, II the iurisdictiQn6 and moved that tn
) 4 case be transferred to Iavalla county
4 Held, that the court below did not err
in overrulifg said plea and motion Z
- a.. t-<.f
has jurisdiction, The defendent inter
e-lposad n second plea u the. Jurisdiction
hat neither the pr,ler of the distric
y court of Maverick county nor TIN
y ilatranseript shows that the indictment
le was found by a grand Jury. or tina
d fbins offneif nuHlbsr .eoneurred in'th
'e fpih, etc. Held, that tile court did no
err in determining againstt his plea, "A
Ii sucu matters should be mOoted by sug
n I,pestions in linlieri to, the court where
,e in the idietment was. resented,- AM
i. are not available In q different form Z
~ which the venue has been changed
Affirmed. White, p. j.
Davidson w. the. Stale, appeal siron
:. Fails county. This appeal fs-from.
conviction for. obstructing puoli
< road. Held, the evidence showing tina
's Jurors. to-. lay out The road Jailed I
0, itske HE statutory oath, ithe ktedr
! below erred In refusing the specia
@. instructions asked by defendant. ant
Ia that this oath was nm essential pre-
requisite to the validity Of the action
4 such lluryl fgsevsfsed and ,renahaed
Opinion by White, 7. }.
rsjV Smith Barnes vs.. state, appeal iron
Ii ~ eo,, fi--case-is fi-:compai
y ion case TO the case Of lobe Iollicotle
/, previously decidetil Because there
|. 10 collaboration, bt iEthe aSeorpplicf'
| witnds'ltestimonM tending "a eehnkt
4 tI,is anpaIlant with the O1fense, an
:" none 81 the stolen articles were trace
1, M him or found In his possession. IN
" ease is reversed and relnanded, pplr
u,fpn hyl WHY: P:.auIx! ILL, Mi.,i KILL
h'il lonMyl iPhe iuNiSHient of the cotir
90 oyerruling the motion for new tris
- In .ths conclusion of the trial ana a bll
( kl.hfceIcebtioiis filed during the tern
and within ten days after ihe orde
is 1vfhHfing q motion fora new stslAl,
r in compliance with the st3ypte IN
n, wililnhafssnsifFyed yl4,A Hoq y
|fH|MHsfs JHHa,SIs Dles|Ess !
rest the conclusion Of The trial VII ?
"a when the,yerdict IA retnftleE sRe =
Td Gavedl ffthz prosecusER itnee -
sisted In stating his afsPfcions an
confi ssoK insteasi of c.ln hnlng ~ =,
w testimony to facts. DelsneAnl :
TT s,ns5f59I HE court to require the ca an,
q, saaiQn Of this wigIsss to ~ !
III f0cfed a. 10 elicit direct ansWsl
n, This ne court refused. but ,nstIn 5a.s
by LthA Yta,ssiH spnd 99sa y I7ySs Y \, 1 1