Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-06-28
THE HIGHER COURTS.
SyaapsGs of nac.s:ons Rendered ct tho
Presea! Ans,;a siidag OF The
Higher CaaIss of Tex4s.
Sspr, nae Court, Court of appeals aad
Com niasisn of sppsaIs Finaings-A .
LaI2e Nunbes Of North Texas Osses.
court of Appeals.

Court of Appeals.
Correspondence of the Gazette.
AUsTIN, TEX Jaue 26-Terry vs.. the
State; San Sebs. Indictment for will
fully snd mischievously injuring and de-
siroyiEg certain personal property, viz:
OGG let Ct buggy bsrMess, tEe same being
,he property u one Kiliie BoIan. Held {:
II the charge does Cot come within art.
$50 Z. C.. There is no Statute which en-
braces it. To come within that article
the ar:icle Ges..Iy ed must De agficul-
luIal urUdu@t or properly. Reversed and
G.smissed. White, z. j.
Barnett VS.. State; Guadalupe. Held {:
mat the circumstances proved are
ssiongIy !Lculpa.ory; they are not in our
Judgment Of that character required by
law TO warrant the conviction of crime.
They are not Inconsistent with every
other reasonable hypothesis than that Of
defcrdant's guilt. Each and sill OF them
msy be reasonably sDd consistently *
planned win Defendants innocence.
reversed and rsmgpded. WilsoD, Judge.
Rznkin Va S.nte-L!m2stUus. Held {:
N Tag it was CoE the duty CT the de
tea spt TO open read BY removing his
fence f:ur ( # iaud where i. WAS standing
valentine rO2d was laid out; t1i5 wss The
Lc-y u! tie Commiseioaero' court, and
ne prrn.i. IN lna face 20 stand WEE not
pu 0lss!uc iyw Cf the rCtd by lbe defend
AM (2) Tre second count chaTges thSt
q il2asot did urlawiuly ard TlIiiul.y
o.svel1 the free use OF lie road. Caa:ges:
N f 1.e known in The Pepsl Code,
L Y,sssq ana remGICed. White, Judge
Ma
COW clioG EJf stealing hogs. Ihe only
qQss ION pIesented by ms record Is as 10
What.l1 re lffeose-Sgs Barred By llmira-
lic-i me statemolt OF facts MAKE
ali the. Witnesses soy the .offelEs
in 'S4, rot 1884, but mes hogs
weca. taken 4u '8+ Held: That il
can!mtn L6ElAfoe. "a means. 1884, Be
cause If Eu error in Ike charge 10 thejury
the case is reversed zld remarded. Hurr,
Judge.
Johnson vs.. the State; Nolan. Indict-
ment Tor theft OF four tons OF coal. The
verGlct Of the iury'sad judgment Of the
Soart fats the dsfeI-de1t guilty Of trSuG'
ulerlly t.king fur t6ss Of coal. HelaA
Tat me term frauduleBtlY taking four
tgns of coal Is not synonymous VITA theft
a. defined by ACl. 724, P. G: The vefd.cs
aCr the jldemens 6c not adudg1 defend
ant Sai.Gy Of the theft Of the coal and are
therefore insufficient Reversed and re-
me2deo. White, presiding judge.
Sterling L Ms:lock VS.. Stats; Bell,
Appellants were Unity indicted 81 d
Jointly tried and Jointly ared by verdict
Of The jury for simple assault. The
i3dgme4t not following the verdict as
sex sed Z separate fine against each. The
defendants moved to correct the judg-
ment and to have it conform to the YER
dict. The court Overruled the motion to
correct, 0ui did not set aside the judg
ment snd ordered new t-isl OF It's own
motion, to which defendants objected.
When tie case MAS Egsin called for trial
defendants proved former jeopardy and
acquI.tsl by virtue OF these facts. This
plea Wss stricken out and defend
Sets were cg&in convicted
Hat: ThSt IN msbipg Inc
ncticn 10 vaca9e TIE former judgment
sgsinst them the defendants had, not
wIuks$arding tie court went beyond what
they asked and not Only set it aside but
awarded new trial. wsiyed their right to
claim former Jeopardy, snd that The court
did Eos err in holding inst said plea, pre-
serted no defense. All lined. White,
Presiding Judge.
Bradford vs.. the State; Stephens coun-
ty. Convi:tion Of on aggravated assault.
TIE charge closes thus: "The jury sre
instructed to have due regard to broken
and violeted ]. y, and the probability ot
IL nic,iug an u iQ=s punishment upon III
lnnCCant party" Hclo: The first portion
OF this Instruction il dearly erroneous in
- laA hFn IN
and violated 81 G Is nnDlt9stly calculated
to injure the trp5llant. For this and
other errors i'll re Chs g the case is re-
TeIssd and u msnG<G. White, presiding
judge.
BIsckm0ore vs.. So; MiLsm. This is
motion fo- 3 reaelrlng, the appeal
herein having balr dismissed on the Sec
cud Of this noun, because tie recogni-
zsnCe did not 1ec,te sDy oferse against
the laws OF the stste. The motion aft ms
that the offence as Iecited IL the rec
ogafzance as "unlawiuiIy carrying p.s-
toi" is specific cfsnce and is
in the language Of the lsT,
the motion was attached TO q certified
COPY c: the recognlz.uce. Held: The
appesl was properly dismissed, unlaw-
fully Carrying & pistol is lot = specific
Ofeb ce..ssM {tTen cenied. =
John Hsaan VS., ths Sts1e;> GraYsoE
county. i }d;c'Iner$s,for murdeF OF JACK
carlton. aC6nvicricn ioszmurder in first
aegree with size Imprisonment ID the
Ser1te9tiary: Held: There is no etste-
nent 81 isc.s, or bills Of exception; the
indictmc1 - good end we ind no error
il me charge or sny other proceeding in
the case. kffi med.