Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-07-07
COURT OF APPEALS.
synopals Of the Decisions Rendered at
tho Austin Sitting Of the
Court Of Appeals.
Made up From tho Full and Official Re-
port Of the Rulings and 0pn
ions Rendered.


from Jones county. The motion fled
by the appellee to dismiss the appeal
IN this case must prevail The trans.
| script brings up no assignments Of
errors, and 10 In clear that no briefs
were filed In the court below. IA re.
quired by the rules. And again, the
transcript itself Is not Endorsed by the
clerk OF the trial court In the manner
required by law. Appeal dismissed.
Anderson Il Roberts, Jr., Va, Camp
bell, FROM Tyler county. The appel.
liant In this case having failed to file "A
transcript OF the record In this court,
the appellee files n certified copy Of
the Judgment and appeal bond, aud
the certificate OF tie clerk IA To the
time when the appeal was perfected,
and, with these papers. u motion that
the Judgment be affirmed Ms upon GER
| titicate. These proceedings comply
with the rules, and the motion Is
granted. Affirmed on certificate.
Short w. State, from Grayson coun.
| ty. Under AN indictment for the muir
der OF Dick Watson, the appellant WAS
convicted Of manslaughter, and was
awarded "A term Of two years In the
peniteutiary IA punlshment. The
suiiitieDcy Of the evidence To support
the verdict In complained OF but the
transcript brings up no bills OF excep-
tons showing the grounds Of objec.
lions, and therefore the objections are
not To be considered. The charge OF
the court upon the issues presented In
the record was full and satisfactory.
| Affirmed.
Williams Va. the State, from Colo.
RADIO county. no. A73 In this csse
the appellant was convicted OF swim
ding the Galveston, Harrisburg u
San Antonio railway. OF 500 upon "A
check signed purportedly by J. II.
Hughes, stock agent Louisiana oil.
vision. The indictment alleges cor
rectly all Of the elements OF the Olienge
and the charge OF the court In present
ing abstract propositions OF law was
correct, and such are the only ques.
tions which, In the absence OF state
ment Of facts, can be reviewed by this
court. The Judgment Is affirmed.
Railway 90, vs. Ocbiltree, from
Parker county. Oehiltree brought this
suit in the county court TO recover
the appellant. The appellant, defon-
dant below, pleaded In reconvention
the value OF certain goods, which the
plea alleged were lost by the
apIol,e while in his custody
NJ such agent. The issues involved
were determined by the Jury adversely
10 the appellants, and M disclosed by
record properly, since there was no
evidence OF the alleged loss by the ap.
pelee. No other question Is involved
Affirmed.
Ben Potter w. the State, from Hays
county. The appellant In this case
was convicted for the robbery OF Sarah
Fuller. His punishment was assessed
at "A term OF five years In the peniteu
tiary, The principal objection urged
In this court II directed to-
ward the charge OF The
court, but this objection, since IL does
not show fundamental or mani
feat material error, will not he conbid
cred, the accused having reserved ne
bill OF exceptions 10 the same. Tn,
evidence on which the conviction wa
had WAS positive and direct. TIL,
newly discovered testimony for which
a new trial WAS asked was not sup
ported by proper Htiidavits, and NJ
reason for such omission Is shown
Affirmed.
ID. A. Bridges VI. the state, frcn
Wise county. The appellant in thi,
case was convicted OF falsely packing .
bale of cotton and his punishment wat
assessed Mt n fine OF 80 The tran
script brings up no statement OF factI
aud the court Is therefore required tC
Inspect the record with reference L
fundamental errors apparent Of record
The indictment charges all the ele
mcuts OF the ofiense IA II Is defined by
the statute. the charge of the court
80 far IA It can be considered without
the facts, II correct. Affirmed.
Williams Va. the State, from Colo
RADIO county mo. 3i73 In this case
the appellant was convic ed of swind'
} ling the q. II. ~ =. A. railway OF 500
J upon n check signed, purporiedly, 10y
j, ii. Hughes, stock agent, Louisiana
, division. The indictment alleges cor
rectly all OF the elements of the olIenee
| and the charge OF the court In present
I Ing abstract propositions of law was
. correct, and such are the only ques'
tione, which, In the absence OF II state
I ment OF facts, can be reviewed by this
court. The Judgment Is affirmed.
Sam Jones We. State, appeal from
Fort Bend county. The appellant Ia
/. this case was convicted In the second
I degree for the murder Of one Hicks
and was awarded u term OF ten years
[ III Nlt DtuittuAlhIJ M ilN puuiHh'hNhN
{ The main objection calls In question
the suillciency Of the charge OF the
. court. The obnoxious charges how
ever, were not excepted to on the trial
{ and In accordance with invariablt
q rule this court viii not consider tn,
4 objection, unless tho error be funda
/ mental In character or euch All errol
j ns was calculated TO prejudice som'
u right OF the defendant. The evidence
was full, direct aud complete, and sus
taius the conviction. Affirmed
Tom Wolf Va, the STATE, from Elli'
. county. The conviction OF the appel
y liant In this case WAS based upon AN IN
{, dlctment which charged him with tn
T. theft OF mare, and his penalty wa
: Atm xed At term OF i've years IN th'
penitentiary, The Indictment charge,
All Of the elements of the oiienso, tn
evidence was amply sufficient to sup
!, port the conviction, and ihe charge o
y the court responded TO every lssu
y raised by the evidence. The judRinen
% Is affirmed.
II Mack Brooks, from Ellis county