Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-01-10
CHASE TRADING COMPANY.

The information In this case
charges that the act WAS
"uulawfullyn done. Held, in.
sufficient 10 charge the ofieurive, mas
much as the word "unls wfu,lyn
neither comprehends nor Is equivalent
In meaning TO the word "knowingly. -
8. InAsmuch as a serious threat TO
take life Ia Il single ana definite act, It
il not required that the particular
mode or means be set out, but an in
dictment for such an ulfense will be
sufficient II II charges that the defend
ant did then and there uulsw-
fully, feloniOusly and seriously
threaten to take the life of an
other The practice Is different,
however, when as in this case, the Of
Tense sought TO be charged IL the send
ing of a thre atenipg letter for the pur-
pore Of eXtorting money, In sucn case
the indictment should set out
the composition in hc3 verba, In con-
formity with the rule that "when "a
written instrument enters into an Of
Tense as part or basis thereof, OF
when its proper construction IL ma
terial, the instrument should be set
ont in the indictment Reversed and
dismissed.
Lindley ct al. w. the State, from
Honkins county,. Scire facias Is in
sufficient as "a citation IL, first, it fails
TO reCite the presentment OF an indict-
ment lOr complaint or information;
second, If ii fails to recite the is.uan e
Of c8pias; third, " IL fails to recite
the arrest Of the defendant; fourth, n
! Ii fails TO iecite the execution
If the bond or lecognizauCe;
| fifth, II it fails to recite the
conditions of the bond or re
! cognizaBce; 6, IL ii fails to recite the
breach Of such conditions; and Z, IL 1t
| falls to recite the entry of judgment
! niei The sclre iSclRs In this case
failing in all Of these particulars, the
de'endsnps demurrer TO the same
shOuld have been sustained.
. Judgment nisi must show that
the forfeiture was taken az required
by law, and must etate that tRe zane
"Will be made final unless good cause
be shown at the next term ofthe court
why the defendant did not appear. y
Failing in this, the Judgment nisI was
bad on general demurrer.
g Lisbility OF suretles on bail
bond expires with second arrest and
bail of their principal on the same In.
dictment Reversed aud remanded
Liliard w. the State, from Bosque
county Il. The Legislature had ample
authority TO regulate continuance and
new trials, and the statute enacted by
II, comforting upon trialjudges discre
tlonary powers In granting or reius'
ing either, Is constitutional
2 Confinement In the penitentiary
for the crime Of hOrse-thett Is neither
an excessive, cruel or unusual punish
ment, nor does IL become 30 by reason
OF the provision ofthe Code Of Crimina
Procedure (article 500 providing for
successive lmprlsenments upon sep
srate convictions; wherefore the posi-
tiOn that the said article OF the saiC
code Is unconstitutional, In that II cou
fiiots with section ~ Of the bill o
righ;s, Is not mainthinRble.
3. Omission to Instruct the Jury
upon principle OF law properly arls
ing upon the case Is not, In the ali
sepce Of exception or special charge
revisable error, unless, upon the Who'll
case, 10 appears that such omission
probably prejudiced the rights OF Ih
accused. Affirmed.
! Long va the State, from Hunt cOuu
ty.--1. The Onus is upon the defend
ant to establish the exercise Of dill
i gence in support OF hIs application fl
a continuance.
2. It's understood that a witness n
: fuses TO obey subpoena II he Is not 4
/, attendance upon tho court on the da
/ set apart for taking up the eTiminI
: docket or any day subsequent tneret
and before the fiui disposition Of th
r case Ia which he ls u witness.
= 3. When a witness who resides
Z the county OF the prosecution hi
: been duly served With subpoena
> appear and testify Ia any crminl