Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-10-28
THE HIGHER COURTS.
synopsis of Decisions Rendered Mt tn
Tyler Sitting of the Court of Appeals.


synopsis of Decisions Rendered ut the
Tyler Sitting of the Court of Appeals.
FIX partc Gregoro Mato, appeal from
| Edwards. The provision of the act of
April 20, 1882, authorizing district Judges
to fix times for holding courts in newly
organized counties, was not delegation
OF legislative power, and is constitutional
and valid. Cooley Con. Lin, PIP. IA,
| l42i Locke's Appeal, u Penn st, i9l,
Bull v. Read, ] 3 Gratten IS, San Antonlo
3, Jones IS Tex. 10.
| In overriding the decision In Parker
! V, state, ~, app. 80, where it was held
that defendant could not, after indict-
mcnt, inquire into the coustitutonality of
the law under which he was arrest by
means OF the writ of habeas corpus, and
that he must test the validity of that cues
ton by means of trial in the appropr-
ate court, the court says: "Since the
/ Parker decision, supra the supreme court
OF the United States in eN partc Iiebold,
! 100 L. $. $40, have held otherwise, and
I the rule therein announced is that not
only after Indictment, but even after CON
v!ct!on, that court will, by means OF the
writ OF habeaS corpus, inquire into the
constitutionality of the law under which
w "i,Pi,N"u' "e' ,"ulI'Vu anu 'iIcui anu,
va. :, WV "a - ue.clI'lleu w. NC uilcOh-
e,l'uNiVn"i, "uV PiIsohvI wiz pe uiS-
charSc'b 40 h"''ct Nh"V may " Ihc
status Oh ms case Whatever may DC our
/ lhoiNluual OPINION ~ TO the expectancy OF
1 suCh prac'icc, we WIZ hereafter, loI lne
sake OF harmony, loi ow the RUE III
eA parte NelDold upon TINS point, and the
contrary uoctrlne hcld III eN parte far-
kcr, supra, VIII be overruled.' Judg-
ment affirmed with costs. opinion by
Whlte, T. D.
81 Lucus VS.. the State, appeal from
/ smith. This court cannot consider an
assignment OF error calling in question
the refusal OF the court quo TO grant Il
continuance, where there is no bin of cN-
ceptions saved.
In order TO sustain conviction for
homicide, the evidence must establish
that the death OF the deceased was pro-
duced by the criminal act of another and
was not the result of accident or natural
causes. This must be clearly and salts
factorily proved by the state. In this
case the deceased was found dead on the
side of the road, lying face downward.
| Upon his breast was wound, apparently
made by knife, Just below the left nip
! pie, about three-iourths of an inch wide.
There was no evidence as to its depth,
except that one witness ran stick into
it about one inch and II half II was a
/ very cold night, and the deceased was
drunk when last seen. Held, that under
I above rule the evidence did not warrant
the conclusion that death was caused by
the wound. Reversed and remanded,
! Opinion by Wilson, j.
! John Roe VS.. the State, appeal from
! Bowie. The record must afrma-
lively show that the defend
ant pleaded to the indictment
on information, or that plea of not
guilty was entered Tor him, or this court
must reverse the Judgment of conviction
! This rule obtains whether the trial is by
/ jury or by the court Milton VS.. State, 8
| CT. App. Gl9. Where the record is silent
I this court cannot presume that the plea
1 by made or entered, Reversed and re-
mauded opinion by Hurt, j.
] Martin Boyer VS.. the State, appeal
from Titus. Under an indictment for
adultery, the state is not limited in prov
ing the prior marriage and that the
/ former wife is still living, TO the manner
I stated in Art. 38i, p. c. The admissions
Of the defendant, deliberately made are
desirable. liiX IS. Newton, Moo, and
Rob. 503 RiX-SmmOnds, | G and II
ia; Roscoe's Grim. Ev. 3lT. Affirmed.
opinion by Hurt, j.
j l.. Jolly vs.. the State, appeal from