Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-06-28
r,cugR COURTS.

,,,ore vs.. state, from oan
,snt to the jury the dis
VA language as follows;
q 'saryIcted defendant OF the
2 ~ s,cb he Is now charged on
n .e...',sut. and his attorneys
aa Ia the court OF appeals
's.ssssnicallty In drawing the
hat court reversed the
~ ia has thus caused your
IA .osnse, which comes out
q ~, !, every good taxpayer,
mo the rest, pnd IN view
WIS ssk you 20 give him such
'a,,entlary that will make
.at EXPENSE he has caused
,echnicality."
I ,..s Gas convlcte dfor assault
p ~~ommit rape. Held, such
n direct violation OF the
4. "a 4, q. G. p.) which forbids
y, =, former conviction. This
,on,,sl right and a de-
III entitled to have
The constitution
q stoi appeal from all felony
M the defendant is not to
~ the additional expense
the county. Reversed
WI Opinion by Hurt, J.
N n. A. Beatty, appeal from
uader the local-option
amt. I'M commissioners court
,Ssrzed TO order an election
4. whether OF not the "sale"
" KAN be prohibited. In this
,@ru that the order was to de-
s.,ber or not the "sale, ex-
=, -,eIr should be prohibited.
"a 'esstougen and "bartern are
'5.rons with sale, and, therefore,
8 was without authority,
4 .,ei,on held hereunder was
y ,sed and dismissed. Opinion
n Hart. g., dissents.
a. State, sppeal from East
~ ,tAe facts set forth In an in
n conslitute theft does
an indictment for
n Nv The same acts
ID mar have committed both
k.ssa,ina, and the state has It's
Y srosecute for either offense;
r,lctlon Of one would bar a
n the other. The court
granting a new triol upon the
The evidence on the trial
The continuance asked by the
Ma have been granted. The
sired was material. Reversed
hd. Opinion by Wilson, j,
SY. Collins vs.. Dvnn & Co.,
= wichita. Suit was com
distress for rent due, the
iafained being goods in the
uIses. The warrant was re-
he county court, where the
Y 'sd bic petition declaring on an
e for rent and asking a fore
4 hls laudlord's lien. The court
a he distress warrant and gave
+ In plaiptiff, but refused
"a the lien. Held, error,
rgd the distress pro-
ns Invalid, the plaintiff under
twss entitled to have a fore
itIs landlords lien. Reversed
nd. Opinion by Hurt. j.
Douglas VS.. State, appeal from
4sep Is no evidence in the state
+, heis in the record which proves
sDEroye the venue. This is q
4qasl fact which must be shown
M Reversed and remanded,
lsy Hurt, j.
Tucker VS.. State, appeal from
: h The defense asked the court
ktihe jury as follows; "lf you
i MA, Tucker drove the yearling
ial the defendant after II was
4 10 his lot opened the gate, and
Peg TO do with the original TAX
'iriylng, you will acquit defend
3neili and this Is so, no matter
'fhtcilon defendant had with II
n There was evidence in the
I n made such instruction pertin-
'Alhe Instruction asked was con-
9snent Of the law of the case, its
rs error, though the court in It's
'iAifge covered the law in a gen
Reversed and remanded. 0pin-
fhlte, p. j.
re Albert Bryant, appeal from
This Is an appeal from an
Kissing bail under a charge for
the court say, 1--WE have no
p 10 determining from the evil
kA ls presented TO US, that the
entitled TO bail, and that the
@sseh bail should be fixed at
y Is so ordered. Opinion by
n Van VS.. State, appeal from
Y conviction for murder OF the
Hglee. The only charge upon
hAllce, or murder in the second
a. iollows; "Any rash and in
|NA killing from some sudden
Without any sedate and de-
''Elld, is upon implied malice, and
Y u me second degree. Implied
waat the law implies from the
a@ voluntary killing where the
'Aqces and facts upon one hand
.yelloerate purpose to kill with .
~ deliberate mind and formed
vi upon the other are such al
slaee the offense to manslanghtel
seut homicide, or which excuse
Y lae homlcide.u This is sub
We same charge held incorrect
y q Mics vs.. State IS CT. App,
nat decision Is conclusive II
Reversed and remanded
Iey Hurt, j.
!. slslce VS., the State, appeal from
y y The indictment charges thai
slefce did with malice afore
MURDER Wade Patterson by shoot
1'ee said Patterson, with a gun!
's'1ent IS fatally defective, be
. agss not directly charge that thu
Alliedp the deceased. The cast
''aeq vs, State, 10 ct. app, DISH
reversed and prosecution dis
ppinion by Hurt, j.
'sse'IAouse vs.. State, appeal from
a L. -