Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-07-03
CofRT OF APPEALS.
Synopsis Of the Decisions Rendered at
the Austin Sitting of the
,. Court Of Appeals. rs..
Made up From the Full and Official Re,
port Of the Rulings and 0pin s.
so iona Rendered. ass go Il
Computed for the Gazette.


s'1s t'ompiied for the Gazette. go 3 ~. I,
Pstillo ys. the state, from Tarrant
county. The conviction in this .oase
was for thefslonious theft ofoa watchj
and the-punishment awarded the de.
PENDANT @s5a term, OF I'VE years in
the state penitentiarY a. The, indict-
ment 'ohargsdiafl irnatively every es.
ssntisl element OF the offense, and was
sufficient. The charge was framed
with. reference to-, every Phase of the
case presented by thesevidehde, and
was correctin enunciating every pin,
clple OF law, invoyYed. The, suili,.
cheney ofthe evidence to sustain the
conviction lie beyond allaquestions
The.j judgment is n tifrmed. si.sI =
l,WsT Brown, from Bexar qeountyS
The appellant in This case iprosecatee
this APP pealfrnn his donviotioue under
an indictments which charged him
with burglary. his aconviction being
supplemented with yensltyEof six
years in the peni entiary. Thelrobjec-
tions to the indictments, ehargeKufaithe
cnurk and the bt1fiiciency ofV the Bvi-
deBce are not well taken! The first
charges the offense rs IL ia derined NV
statute. the seeeed-witb- reference 10
the evidence, sdiured on the trial,
charged the law of the case. The
Judgment ~ therefore ,afliImedso,nmf
Eugene Boutwell, va. the State, from
LA Sale county. Two years in the
penitentiaFy were assessed against the
appellant upon his convection OF tho
theft of cattle, b, The Jury, and The iury
alone, are intrusted with the. duty OF
passing upon the weight OF the tssti-
mony and the ,creditility- OF the wit
nesses. II is, and always has been,
the rule that this court will not later
fere with u verdict founded, upon con,
fiicting testimony unless it appears n
firmatively that the verdict is against
the evidence. Affirmed. ..,55,si.. a,g
Sam Moore vs.. the State, frem Bexar
county. This WAS a conviction for.
the theft of personal praperty exceed
ing in value the sum of twenty dollars,
The Indictment alleged sufli !ient that
it was taken from the owner fraudu.
lently and felonjously,s without his
knowledge or consent, and with the
intent to deprive the owner of the
valiie or the same. sndto appropriate
lite his, the defendant's own use and
benefit, and was .suffi Gent !. TO, oharee
the ofIense, The evidence establishes
the commission of the loaense. and
absolutely Identities til defendant as
the guilty agent. Affirmed ..r.ss.-
ThomI son VS.. the State, from Tar.
rant cointy..-Th a anpellanty,ntt this
cssg, was convicted OF the,of{sn se,of
robbery, and was awarded a term, I'm
-
He prosscutes his anr eaI 10 this courf
upon, AN assignments of errors which
attacks the snfiicienrv, Tho avianr
and the, charge of the conrn 0' Tn,g'iis
rAyiew Of the evidenoe nnnn, which N
trial ,iury bases ifs verot, ( with NO.
gard TO lis suiiiciencv thIs conrtin.
CURES, no further 4 han ITO as,e rteiur n
there was eyidenoeintrednr ed svhict,
iftrue. would OBSERVATION-DISCLOSURES viz
weight and the rredih,litu ne jfs
sources are oiIestions nuraly e1r inc
iury, So corsiderrd the ayjds,,'ce
ia this case was suffioient and fhe
law appljed 10 n was nronar,y otv.,,,,
in, charge by the eourtsi, rktl,rn,s -
Wallace va the state afrnn,' y an.
county. The convrctien tnlthis saass
was had uader an Tinfor m sfian, Thai
charged the appellant. with fha viola.
ton of the -ststilre asaessino "a nehafl
ty against the obstrrrctions NJ .,y,,LIta
roads, PherIenaltv' assesse d & aosa5 rIat.
him was a. fine 0fIS25 n hss tteen.
long ,sett ed that the aunelLare court
acquires iurisdirtl on of,'AnneaIs, nhlv,
when q finaI indgmeptt hss heer, an.
tered, in the court loo low .SINo ,sueh,
final judgmentas will sunnnrt n mis-.
demeaner sentenee-is brought nm in
this record and the. state,s nation tn
dismiss the appeal must prevail. An.
peal dismissed.
Poole 4 4 Matcv trd,6 1obbso,, co,,n
ty itis q ststn III HGnnsoh cVSa
the eomplaining Marty re- a indnn,aSt
shall lie in the eoIftt lbll6Ss .hits ssata.
msnt of.facis before the adj aur nm, AM
of the trial term unless he Re a yyarSad
nv. the court,ten, DAYS "A fyar adioury.
ment in which 'to.6le. saisi state,naub
In the latter event the 'trapaeri M n,
this court must show the oaurtis ors,er
OF award. The statement ~ + ,cts In.
this case having been fiied too late a.
upon motion, stricken ont, the casa
being submitted upon briefa Nv both
rartiag and no firfiamentaI arrnr' In
the Judgment appesrtng hon the
record, the Judgment is atifrIned, 7'f7si