Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-06-10
THE HIGHER COURTS.
synopsis of Decisions Rendered ut the
Austin sitting of the Supreme Court.

synopsis of Decisions Rendered nt tn,
Austin sitting of the Supreme Court.
w. II. Crawford VS., the State, appea
from Parker. The verdict is eve, tn,
jury, find the defendant gilly," etc. Thi,
does not find him guilty, "and the motion
in arrest of judgment should have beer
sustained.
If the verdict had been sufficient the
evidence does not support it. Defendant
took hold of the prosecuting witness
hand aud rubbed his thumb ia the palm
OF 1t, and asked her if she knew what that
meant. She did not know, but after.
wards learned upon inquiry that il meant
something bad, but refused 20 state her
information. A young boy testified that
IL meant assault to rape.b Nyo are not
informed by the record any further as 10
its meaning. 1t certainly does not mean
what the boy thought, and we do not
know judicially what it meant The act
was not an assault unless there was the
intent to injure. Reversed and remanded
Opinion by Wilson, j.
w III. Crawford VS.. State, appeal from
Parker. In this case the court charged :
III you find that defendant did take hold
OF the hand, and place mis- arm around
the shoulder of Miss -- -- in n
familiar and indecent manner, and calcu.
lated to inlure. her, you will fad him
guilty OF an aggravated assault" This
was erroneous. 1t omits the intent to in
Jure and the want of consent. Reversed
and remsnded Opinion by Wilson, j.
Fort Worth & Denver City Railway
Company VS.. T. NJ. Riley, appeal from
Montague. The animals for.the injury To
which this suit was brought were placed
IN appellants stock.pen by permission of
It's agent, but at the time they ESCAPED
from the pen had not been received by
the company for shipment. They we're
sun In charge of the owner, aud IL there
was negligence shown in permitting the
escape, 1t Is not negligence of the com
pany. Reversed and remanded. Opinion
by Wilson, j.
D. ID. Nance VS.. State, appeal from East
land' A felony being charged by the in
ulctment the district court had iurisdic
tion TO near and determine the case. not
only as TO the felony, but as to any lower
grace OF onense which the proof might
develop. Such a provision is in the
statuts ana 1t does not conflict with any
provision OF the constitution. That two
OF the Jurors conversed with person not
q Juror ABOUT the case, pending the de.
uoeratioh OF the Jury upon the case, does
not necessarily entitle the defendant TO a
new trial, even In 8 felony case. II must
DC made TO appear that by reason of such
Improper conduct injustice was probably
zone the accused, All med. Opinion
by Wilson, j. F"''"
~ A. Johnson VS.. Stlte, appeal from
tunnels. BY authority Of Art. 1861, r, s
as amended by the act Feby. 8, 1881
the county cOmmIssl ners' court is
vested with the power open new roads
OF Strengthen old one, on their own
mollon when deemed necessary. This
provision being IN force when the road
III question was established and classified
as puollc road, 1t is immaterial that the
court acted without any application or ne
lon, as required by Ant. 1866 n s
~ ~ llhihaterlal that tle Iopd was not
la'u out on the line designated bv the
Vuull IN IT'S order II appears that the
Jury OF view laid II out 90 the greatest adj.
vantage aud without prejudice To inclos-
ures, and The court adopted the road as
designated by them. Affirmed. Opinion
by Wilson, j. Opi'ion
M, a. Madgymar VS.. State, appeal from
lllmmit This appeal Is from convic-
'loh mad upon an information. and the
record does not contain the oath In wrlt-
ing required by the statute in such cases
y T. Z. Art, 49, This oath is a necessary
prerequisite to the validity of a prosecn-
Noh oy information, and the record on an
peei must contain such oath, or the con.
vletlon cannot be permitted To stand
Wilson, j. F'"'0" ny
70 Louis Roberts VS.. State, appeal from
FANS IL appears from the evidence that
lelenuant and the prosecutor had an |
iltercation, and In It's progress defendant
'uucA MN about that pant OF the body