The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-06-18

COURT OF APPEALS.
Jerry Willis VS.. the State; from
Travis County. Conviction for MUIR
der in the second degree, for which a
penalty of seven years in the peni-
Tertiary was assessed. The only ma
terial question is as TO the admissi-
bilty OF the deceased's dying declara-
tons. II is claimed that statements
made by deceased, after his dying
declarations were taken, showed that
he had entertained hopes of recovery
at the time he made the declarations,
and for that reason the declaration :
should not have been admitted. The
declarations, however, are held TO
have been properly admitted. Az
firmed.
l.. s. Gragg ct al. va. the State, from
Taylor County. The motion for rehear-
ing in this case Is sought on the ground
that the death OF the principal on tho
bond was dead a. the time of the suit
and that this matter was duly pre-
sented TO the court below, but held as
such death was not proved except by
rumor and the question was passed
upon by the trial Judge, The court
will not disturb tho judgment. Az
flrmed.
Western Union Telegraph Company
VS.. j. A. and j. @. Heyser, from Gala
han County. Appellees recovered
judgment for Sl22 so damages for fail
ure TO transmit message ordering
certain machinery for reaper and
binder. BY reason of the failure to
deliver the message sppellees' ma.
chine was idle for four days, during
which time their wheat crop
was greatly damaged. Appel
liant was fully informed Of the
importance of the message, and OF the
injury likely 10 result from delay etc.
There is no material error in the ]udg-
ment and 1t is affirmed,
Solomon Fowler VS.. the State, from
Falls County. This was conviction
for theft of property for which fine OF
go and imprisonment of "a hours In
jail was assessed. The only question
raised by the record is, was Il essential
TO prove the want of consent of the
general owners of the stolen property,
This point Is fully settled in Frazier vs..
the State and Bailey VS.. the State and
upon authority OF those cases the judg-
ment is affirmed.
Pace McCann vs.. the State; from
Tarrant County. This IL an appeal
from conviction for highway rob-
berry, for which q punishment of 10
years in the penitsntlary was assessed.
The evidence against the defendant Is
positive and amply sufficient 10 sup
port the conviction, The charge Of the
court is In all respects correct, and the
judgment is affirmed.
The Ranchman Printing Co. W.. the
81. Louis Type Foundry; from Mitch
ell County. This was suit in debt by
attachment In which the debt
was confessed. The plea in
reconventlon set no that the attach
ment was wrongfully sued out and
without probable cause and that the
property attached was exempt, but
the evidence fails 10 sustain these
pleas. Affirmed.
Preston Smith VS.. the State, from
Harris County. Conviction for rape,
for which Ave years imprisonment in
the penitentiary was assessed. There
were no exceptions taken 10 the charge
and the evidence was positive. The
Jury were the exclusive judges OF the
credibility OF the witnesses, and their
verdict will not be disturbed. The
newly discovered evidence YVES simply
10 impeach the witnesses. Affirmed.
Green Frazier vs.. the State, from