Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-05-17

sion for inquiry on the part NJ the pur-
chaser. Affirmed. Opinion by Robert
son, j.
Appeal bond--The suit was brought I'm
the name OF John Ireland, governor Of
Texas, for the use of the county. and
Judgment for plaintiff against the de.
fehdants, who were the county assessor
and his sureties. The appeal bond re-
cites the judgment as In favor OF John
Ireland. The misdescriptlon is fatal.
Motion TO dismiss appeal sustained.
IN THE COURT oF APPEALS,
Nose Arlington VS.. the State, appeal
from Hood. The indictment alleges that
the offense was committed ION or about
the goth day Of March, 1852 IL was
died In court on that date, and there is
no allegation that the offense was com
mltted before the presentment of the
Indictment. Where the indictment is
presented on the same day that the
ohense Is alleged TO have been committed.
there must be further allegation that
the onense was committed anterior TO the
prt sentiment. Wilson Grim. forms, DID.
Is, IS; c. c. p. art. 400; 10 CT. app. 100.
Reversed and prosecution dismissed.
Opinion by White, p. j.
Dick Munsen VS.. the State, appeal from
Wharton. The indictment was In the
common form for robbery and there
was but one count. The count charged
the Jury that If they did not lind the de.
PENDANT guilty of robbery, nut believed
that he was guilty OF an assault with in
tent TO murder, they would find him
guilty OF the latter offense. Under this
instruction the Jury found him guilty OF
assault with intent to murder, and there
was Judgment accordingly. Robbery Is
not one OF the crimes specially naned in
the code as consisting of degrees, and
should 1t be conceded that is susceptible
of degrees, still it cannotembrace assault
with intent to murder, because In an in.
dictment for robbery, the specific intent
which Is the glst Of the offense Of assault
with intent TO murder, is not alleged.
The Indictment did not put the defendant
upon notice that he would be tried for
the offense of which he is convicted, and
the judgment is not warranted. Re-
versed and remanded. Opinion by White,
z. j.
August Vogt VS. the State, appeal from
Jack. The prosecution was instituted on
complaint in justice court charging that
defendant labored on Sunday In that
court defendant was convicted land he
appealed to the county court. Motion
was there made that the appeal be dis
missed for want OF proper transcript
from the Justices court. The defendant
made counter motion for certlorari to
bring up a proper transcript, The latter
motion was overruled and the former sus
tanned and the appeal dismissed. The
judgment was erroneous. The writ of
certiorari should have been issued. Re-
versed and remanded. Opinion by White,
p. j,
| (Note-The court speaking from the
bench said they were not to be understood
TO hold that proper transcript was nee
essary to entitle the defendant to his APP
peal or to q hearing in the county court
Riley Ware ct al. VS.. the State, appeal
from Kerr. Under the provisions Of art.
AL, G. c. p, a Judgment nsi is fatally
defective and will not sustain a final
| Judgment on a forfeited bail bond or re-
cognizlnce, unless it states "that the
same will be made final unless good cause
be shown at the next term of the court
why the principal did not appear y
Mcintyre VS.. State, 10 ct app 44S
and authorities cited. Tie judg
ment nisi in this case does not con
form to this requirement and therefore
does not authorize the final judgment
Reversed and remanded. Opinion by
White, p. j.
August Jones vs.. the State, appea
from Gillespie. Tie defendant was con
victed of aggravated assault upon hi
plea of guilty. 1t is urged here that hi
was not warned of the effect and conse
quences of said plea. This rule does no
apply in cases of misdemeanor. Art
5l8, 5l9, 5S4, $50, c. c. Z. The rule re
lates to felony cases. Affirmed. Pc
curtain.
Jesse Weathers VS.. the State, appea
from Jack. The record shows that thu
term of the court adjourned on the gu
, of August and that the statement OF TACT
was filed on thu Sth OF August. There
no order In he record for permission t
file 1t after the court adjourned, and
cannot be considered.
The verdict returned by the jury is a
follows: "We the jurey tlnde the de
PENDANT gilty ande assessed his fine at tel
dollars" Held, a good verdict. Affirmed
Per curiam.
Sidon Blythe VS.. the State, appeal fror
Parker. The indictment charges the thei
, of hogs of the value of $50. There Is n
statement Oh lHe luCts III ONiuSnSNi ~"
, the court charged as to the value OF III
/ hogs The verdict finds the defendan
: equity as charged" and imposes nm
$ and imprisonment in the county jail.
/ is commended that the verdict tinds de
fe u dant guilty Of a felony and does nc
\ warrant the penalty imposed. The OF
lection is not well taken. Both the IL
dictment and charge authorized the fnt
g lug OF defendant guilty of a misdemeanol
e Affirmed. Per curtain.
4 MOTIONS.
Error bond.-The judgment was ie
4 sS47.4S. The writ OF error bond is In IN
. sum OF $1,000, and is conditioned as 10
: lows: "That plaintiff in error shall pros,
a cute its writ OF error with effect, ana
4 case the Judgment of the appellate coul
h shall be against it that it will perform II
n Judgment, sentence or decree and pay a
such damages as said court may awar
t against it," This bond is not conditlone
v as the law requires; IT should emDrac
!. the conditions prescribed in Art. l4O'
r.. S. Motion to dismiss writ OF error SUI
/, tanned. a.,
Il Citation IN error 1t Is essential I'M
:. the requirement of Art. 1894, j. s., tn'
4 a citation in error shall state the date
;. ding the petition for the writ OF error,
Naal