The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-06-04
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THE HIGHER COURTS.
COURT OF ApprALs,


James Pierce VS.. the State; from
Johnson county. Conviction FOR swear
ing in public place, for which defend
ant was fined IS. The allegation in the
information is that the loud, etc, Ian
guage was used near public street, and
the evidence shows that il was in n
house AUDITING on a street. This was
not variance. Affirmed.
James Slawson VS., the State; from
Robertson county. Conviction for dis.
turbing religious worship, Tor which a
fine of S25 was imposed. The informa.
ton Is sufficient; the evidence is posi.
tive as to the commission OF the otlense,
ana there being no error the Judgment
is affirmed.
John Coats VS.. the State, from Falls
county. Appellant was convicted of
unlawfully betting at "craps," and his
fine assessed at so, The indictments
and charge of the court being good and
sufficient, and there being no statement
of facts nor bills of exceptions in the
record, the Judgment is affirmed.
w. n. Wallace VS.. the State, from Hill
county. Conviction for the theft of a
mare, for which a penalty of Ave years
imprisonment in the penitentiary was
assessed. When the evidence CHROME.
ously rejected is afterwards admitted
the exclusion thereof in the first piac ia
not reversible error. The evidence,
though circumstantial, is sufficient, and
there being no error, the Judgment is
affirmed.
Archie Mcfarland VS.. the State; from
Bel county. White, =. j. Appellant
aud one Moray were Jointly charged
by information with malicious mischief
IN wantonly shooting and killing a mare
and Il mule. The record fails TO show
Gnat appellant, who was alone put upon
trial, ever pleaded TO said charge, or that
a ploa OF not guilty was entered for him.
This court suggested to the 10Th legis-
lature the adoption of amendments to
the code of procedure which would save
reyersals in 4 great majority OF such
cases, (see Atty Genl. report, 1885, pp,
20, 2l) but that body, doubtless in the m
terest of the public welfare, concluded
1t were better to lot the law remain as IL
is. We have no option IN the matter.
Reversed and remanded.
Jesse Quigley vs.. the State, from
Limestone county. Conviction for theft
OF ayearling. Penalty assessed at two
years In the penitentiary. The evil
dence, Indictment and charge of court
are sufficient. The remarks of counsel
Tor the state complained Of were not i'm D..
error in the record. Affirmed.
William Klatzco vs.. the State; from
Robertson county. Conviction Tor sell
ing BOOTS and calico on Sunday, fine
imposed being $40 The Indictment is
good, the charge of the court correct,
the evidence sufficient, and there APP.
pearlng no error of record the Judgment
is affirmed.
Evans McGinty VS.. the State, from
Robertson county. Conviction for rape
Tor which punishment Of five years 10
the penitentiary was assessed. The IN.
dictment and charge Of the court are
good and sufficient. The evidence am.
ply supports the verdict, and there ap.
pesring to be no error, the judgment Il
affirmed.
Becky Vaughn VS.. the State, from
Washington county. This was an exc
cutlon for theft from the person, for
which apenalty of three years in the
penitentiary was assessed. The case is
! a companion cause to that OF Ed. Shelby
recently decided, in which all the points
raised in this case were decided, and
upon authority of that case tho iudg.
ment in this is affirmed.
Bill Mcmillan va. the State, from
Hill county. Conviction for theft of
| property over the value of $50. Punish
ment assessed ut two years In the pen
| itentiary. The statement of facts not
being filed in time cannot be consid-
cred, and in their absence, the indict-
ment and charge OF the court being suf-
ticient, tue Judgment is affirmed.
sam Witherspoon VS.. the State, from
Robertson county. Conviction Tor
swindling. Punishment assessed at
seven years in the penitentiary. The
! indictment is good; the charge OF the
court and the eyi fence sufficient, an q
there being no error apparent of record
the judgment Is affirmed.
Mitch Sanders vs.. the State, from
Limestone county. Conviction OF muir
der OF the first degree. Punishment as
sessod at life term in tho penitentiary.
The motion of appellant to dismiss the
appeal being signed by counsel, and not
by appellant himself, cannot be consid
cred, and Is hereby overruled.
Jim Washington VS.. the State, from
Bell county. Conviction for assault with
intent to murder. Punishment assessed
ut four years in the penitentiary. The
indictment and charge Of the court are
not subject TO objection. The evidence
Is ample to support the conviction, and
there appearing 10 DO no error IN the
conviction, the Judgment is affirmed.