Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-11-16
THE HIGHER COURTS.
SYNOPSIS OF Dsoislons Rendered at th
PrtAent TyIer sitiipH.

eshopsts OF DcoisiohA Rendered at tho
Present Tyler sitipg.
couRr on ArPEALs=-IYLER TERM, 1886
d. Reedy vs.. State, Appeal from Delta
county In prosecutions arising under
Art. ESQ, p c., evidence that the animal
killed was In the habit Of trespassing
upon crops and was breacby, is admls-
sible to ascertain whether the killing was
wantonly and wilfully done, without ex-
cuse, and under circumstances showing a
lnwless spirit or whether under the cir
cumstances such facts would negative
such motives, Reversed and demanded.
White, P.J
X. w. Leache vs. State. From Co
mauche county. AS the condition on
which criminal responsibility shall fol-
low the commission Of crime, the law
does not require the possession Of one's
faculties in full vlgor, unimpaired by dis.
ease or in1rmity. The mind may be
weakened by disease and yet
the accused will be held Grim
inelly responsible for his acts
In order to excuse himself from respon.
si0iliiy the accused must show that his
intellect was so impaired that he did not
know the nature and quality of the act,
| II he had sufficient intelligence to know
what he was doing, and was in possession
of the power to do, or not TO do, he Will
be held accountable for the act commit
ted, That there Is such defense under
cur law as Irresistible imnuise, and uu-
comfortable impulse and passion, che
court declires 70 admit, but decides that
/ II tnGt doctrine be conceded, then the
! charge Of the court complained Of in this
case fully presented the Issue to the
| jury, which charge Is laid down In Wal
son's criminal forms taken from the
charge Of Robertson, in the King case,
/ . CT. AppPals Affirmed White, Z, j.
! James Bradberry Va the State Appeal
! from Hunt county. The indcinfe IN
The case being in conformity with the
/ later decisions aud authorities and the
approved forms IN this state, was sun
uient. (Willson's Criminal Forms, 951,
page lGl, and authorities cited) Toe
| residence OF witness was about 500 yards
/ from the scene OF the difficulty. He heard
| the firing, and when IL ceased went TO the
/ place Saw defendant ho5hling about
and asked what was the matter. De
| fendaut requested witness TO catch his
! horse aud ne would then tell. Witness
caught defendants horse, and brought
same to him, which took about three
minutes Then witocss made statements
tX3iuded from evidence. Held, 'nt
statements We're not res gestae, but wcr,
stll-sorying, and inadmiSsiblc. Affirmed
| White, Z. j.
Mark Howell vs. State, Appeal from
! Falls county. Ia prosecution for receiy
ing property, knowing the same 10 be
stolen property, evidence that the al
legged thief, prior to the time he sold tue
stllcn property to appellant, offered the
/ properly for sale To another party, and
claimed the property as his own, was ad
missihle as tending to prove that defend
ants subsequent connection with the
property was bona flde. The verdict III
this case found defendant "gu,ty'
Instead Of ngullty.n Held, insufficient u
support Judgment OF guilty. Reversed
and remauded Wilson, j.
IL. NJ Wade vs, State. Appeal from
Hunt county. In this case the certificate
20 the statement Of facts is rs follows
"Counsel for tho state and defendant
having failed TO agree on statement o.
facts proved on the trial OF the above
cause, submit the following as suostan
TALLY the facts proyed s. Sherril
couniy JUDGE Then follows the evi
dence. Held, the intent OF the statute Il
that the statement Of facts must be au
ltheuticated by the official signature Of th'
Judge subscribed thereto, and the placlht
of his signature at the beginning or u
some other place, will not authenticate
the statement. Affirmed, Wilson j.
Jim Curtis VS.. Statv. Appeal iron
Williamson county. prosecution upon
indictment in court having Iurisulctlol
of that offense, for assault with intent tt
murder, instituted In GOOD taltt
by the state, and prosecute1
10 lnal determination OF
the merits, prior to the death OF the party
injured, which results in verdict ae
onitting OF all grades OF offense higher
than aggravated assault, and conylctioI
of that oifense and payment OF all penal
altiesIdenounced does not have any etec
upon a prosecution for murder hase'
upon the death OF the party, resulting
from the identical act OF the defendsn
upon which the former prosecution wa
nredlcated. II tie offense of murder has
been completed by the death OF the In
iured party at the time OF the indlctmen
iouud. the conviction for the assault would
have barred the prosecution for higher
, Grade For the failure >, the court Il
CHARGE upon negligent homicide the cast
is reversed and Yemanded. Wilson, ).
George Wyers vs.. state. Appeal Iron
Fails County. There having been nc
change in the law affecting tne polnt a
issue, the decision Of the court 10 hlc .
case, 8 CT. App. 4ss, TO the ehvoe ' IN
when II appears from the record .nSe my
oath prescribed by the statute Zen Inv" :.
18th Leg, p. s0) directing the manu-, y
summonlng jurors, was moi auniluls.ea.,
10 the sheriff, OF his deputies acting uhasi
him, conviction will be reversed ny
, yerred and remanded. Wilson j.