Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-06-08
her as well as motive .ctuating him t

her as well as motive scsuatiug him
murder her are SHOVE By the evidence
| l. was 6 cruel and deliberate !aufi-r
Affirmed. Wi'aoo, 10 'ce.
| Owens vs. S.ate, Z 'std. C1uvic'j ~
Tor malicious iildr9. He'd: Ta.: ST
unnecessary written cepLisn constitutes
no part OF an indictment, nor do notices
and business cards, though unnecessary
and unseemiy, impair its validity If other.
wise valid.s The venue OF the case Is not
proven, and for that 1t ia reversed and
remanded. White, Presiding Judge.
| Buchanan vs.. State, Tom Green coun-
ty; conviction for theft Of cattle on ioius
indictment, out separately tried; lis CO.
| defendant WAS allowed to turn states
evidence. Held: That the evidence cor
roborstipg the sccomplice, Ssm Moore,
tending to convict defendant with the
| theft OF the animals is too meagre and
unsatisfactory in tue absence OF proof OF
other circumstances which might, II they
existed, have been made and which would
II they existed have been made. Reversed
and remanded. White, J.
Foster VS.. State; Haskell. Conviction
for aggravated assault, the circumstances
OF aggravated assault being that appellant
wss an adult man and the person as
ssulted child. There were two trials;
in one the defendant wss convicted of q
simple assault and fined S25. Whether
any Judgment was ever rendered on the
verdict set aside does not appear from
the record. Held: That II the court Of
Its own motion after the verdict had
been rendered discharged the Jury, set
aside the verdict and refused to render
the Judgment, then the defendants plea
of former jeopardy would be proper end
available though the case wss 8 mis-
demeanor. That lesser degree is found
thsn that alleged and proven has never
been held grounds either for new trial
or reversal. A defendant has no right to
complain under such circumstances. Re-
versed sad remanded. White, Presiding
Judge.
Groom vs.. the State, P.lo Pinto. Con-
victiOn for the ssie OF Intoxicating liquor
in violation Of the local option
lsw; the indictment follows
literally form No. PSI Wilson'S
Criminal Forms, p. 1872, and charges
thst the sSle was made "st,er the quail
fed voters of said county mad deter
mined at Gil election held IN accordance
| with the laws Of ssid state that the sale
or exchange OF intoxicating liquors
should be prohibited" Held: In Nun
ger VS.. the State it WAS held that an IL
tormstion, charging said oftense in this
manner was fatally defective; for the
reason for so holding we refer to the
opinion in that case. Reversed ani re-
mspded. White, Presiding Judge.
MoseleV vs. the State; Johnson. Con-
viction for bribing. The sppell.nt
being peace officer had the
custody Of one John Gable, and
WAS permitted by the defendant TO es-
cape in consideration OF money paid him
to effect such escape. Held: That in d
prosecution for this offense it ls rot per-
MISSILE for the defendant to question
| the legality Of his custody of the prisoner.
Such an Issue is igrevelsnt and imms-
terial. The moral obliquity Of this Of
Tense Is the same where the custody of
the prisoner is illegal as where It is legal,
and the injury to public justice is the
same. Affirmed. Wilson, Judge.
Cooper VS.. the State; from Karnes.
Appellant WAS convicted for carrying 5
gun on an election dSy, during the
hours the polls were open, within
ona-hslt mile Of the voting place; there
WAS q motion to qussh the indictment be
cause Art. 1858, ?. c., on which the in
dictment is founded, and Art.
800, 2. c., defines the same
o1ense set forth in the indictment, and
they provide different punishmente, and
therefore no certain punishment is fixed
by lsW to the ofense charged. Eeld:
Inst it wss not error to refuse to qussh
the Indictment; that the election being
held under color Of law, and il not in
strict compliance with the statute, GER
| tsinly the appellant cannot object. At
flrmed. Hurt, Judge.
Fernandez vs. the State; from Kinney
county. Appellant WAS indicted under
article 798 P. c. for the theft Of one
horse, in the state Of CohuiIa, Republic
Of Mexico, and bringing the stolen horses
into Kinney county. Held: That the
charge Of the court was insufficient, In
that It failed to charge on the theory
made by the facts IS to whether or not
the possession Of defendant WAS recent
or not, his guilt or innocence depending
largely on that fsct. Reversed and re-
msnded. White, Presiding Judge.
Ex-Parte Gslloher- Whorton, epplica-
ton for bail. Held: We have maturely
considered the record presented on this
appeal, and from our view Of the eVi.
dence as herein disclosed we are of
opinion that appellant is entitled to bail.
The judgment OF the court below Ia
reversed and sppellsnt admitted I'd bail
In the sum Of $4,000. Reversed and
bsil granted. White, Presiding Judg@
s--..ss.------..-... r.