Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-10-26
:ed. indement .e,inst r. W. Wilson

cred Judgment against T. ". Wilson.
Suit WAS filed NJvem5er 5, 1870. On Au-
gust 20, 1873, execution lssued snd WAS
returned "uo property found" o. Feb
ruarY 8, 1870, I. W. Wilson, by deed OF
gilt 70 mis- wife, conveyed oil hia properly
to his wife. N5vsmoer 20, 1870, Wilson
and wife conveyed sill Of said property to
Mrs. Sarah Cole, the mother OF Wilson'S
wife, for the expressed consideration OF
$4,000, but nothing WAS paid. Wilson re
msined in possession until his death,
in 1879, since which time
Mrs. Wilson has remained IN possession
This suit is brought by sppellees to set
aside the said conveYances for alleged
fraud ard to subject the property to the
Judgment. l. Where the jury had been
discharged for the term and party hiss
[ OF interior to this time demanded jury
on the day the case is called for trial as
noE-jury case, deposits jury fee and de-
mands Jury, 1t Is not reversible error to
refuse same. 2. The fliDg OF the bfl
after the return "no property found" 10
subject tae property to the payment
Of the Judgment fixed .
claim in the nature Of lien
upon sths property sought to be sub
cted. 3. The testimony Of Mrs. Wilson
"a to declarations Of her hus0.nd before
nis death were inadmissiDle and also
irrelevant. WHARF, parties to case
set II for 8 d>y when no jury viii be IL
ATTENDANCE, AID this by the orders OF the
court, the absence q jury will not
81 hoI "a continuance. A direct
proceeding 10 subject property frauiu-
lently disposed Of 70 such iudgmen! in
sGituted before II mas oecOm5 dormant, 1t
is not niece sssry 10 issue Executions sub
sequent to such suit to PIE gent the juds-
ment from becoming dormant. Ell med.
W slKer, j.
COURT OF APPEALS.
L wig r oiGeon VS.. the s ate; appeal
fem Colorado. CONVICTION for rape
Were there is neither Statement. Of
fscts, nor oils OF exception, end no error
ap2afsnt OF record, This court Will not
disturb the fading of the court below.
M error. Affirmed. Wilson, j.
r T McIntiIe VS.. the State; appeal
from Franklin. Conviction for selling
lquor TO minor. l. Where the evidence
SHOWS f.cts ST ficient to put p.rty sell
irg liIuor to 9 minor upon ipjuiry as to
sail minors aga. va can not say the
evidence is ipsp FL ;ieps. No reversible
e.rcr. Affirmed. Wil!son, j.
Sanders SVeneke vs.. the Sta.e; sppe&l
from Colorado. Conviction for rape.
There being no statement 81 fIcts ,-Ihe
ind cling good, the charge sufficient, snd
no fundamental error IN the record, this
court will no. rsyiT" the proceedings OF
so .ccuct below. Affirmed. Wilson, j
George BlsDkenship vs.. the State; ap-
peal from McLsnnsn. o. motion to dis-
miss the sppesl. The Assistant Attorney.
General has made proper showing TO
the feet tina! pending his appeal, appel
liant bias escaped from cusso ~, snd ne,
therefore, moves the dismissal of this sp.
peal. Held Motion sustained and
appeal dis nissed. Dismissed WILSON, j.
P;stt Mip;er vs. the S:Ste; sppesl fro m
Morris. Conviction fer theft Ut hog
TIE tacts show that appellant sho5 the
o. g IL QUESTION, bu. that he never kilIe
1t; thai the hog IAN Of, WAS sfserwsrd
found By the owner. whu Killed same for
pork. Held: To constitute theft there
must be q fraudulent taking OF the prop
erty, and the property must, either scGs
uslly or coustructivelF, nave come into
the possession CT tue thief. Tic evil
dence falls to show that eppaIlsntis guilt
of theft. R ,verssd End remanded. VIII
son, J.
Prinus Hamilton VS.. TIE State; spoe.l
from Fsnnin. Conviction Tor burglary.
L. The Indictment was no. defecyiva IL
FILLING TO alegs Ndat railroad company
the car spp .llsus is alleged 70 have
broken Into belonged, CT on whst TeiI-
road ssid ofscs3 was committed. We
can ssa n REASON why az Indictment Tor
burglar zing q railroad car should be
more certslu and specific than ona for
burglarizing house. 2 Amos Willis
WAS the principal witness fjr the stare
and without his evidence the state could
not make out case. l. was clained by
appellant on the tIisl snd here in this
court thst seii Willis was an aceomplice
in thu burglary. While the cvldeEce may
not show c)lc!usivaly that Wills 18g =
acc mplice, it tenGa to show his COM
plicity in the crime, sgd fairly raises that
is' Ne. Il was error il :be court below TO
refuse the CHARGES asked showing the
status Of Willis, sni The rules sQpiic bile
s. sccnmplice testimony. Reversed ard
remsnded, WILSON, J.
m1r'i-iano Ar2ia 70. the state; Sppenl
IT n Webb. l. a party who stands con-
vcted Of felouy, IS admissible as . @it.
meas ia orr courts Hatil santencc has
been fnai!y PISSED upon hin; or il 81
sppesi is taken he is g competent witness
pending such al eppea), and uGtil tinsl
Judgment has been prooouaced sgails.
MIN by the court CT las. Yesort. =. To
constitute the offanse o. receiving stolen
property, knowing the same to have been
stolen, the set CT receiving or concesling
mus. be accompanied by a criminal In
tent. There must be q guilty knowledge,
8 fraudulent intent concurrent with the
set. II property is received or concealed
with the intent 10 restore withou. reward
to the owner, or for a1y other innocent
int Mt, the mere knowledge that it was
stolen property would not make the act
crimiusl. The court in his charge en-
tiTely overlooked this essential element,
ano FILLED entirely to instruct the Jury
TIA. such guilty intent Was Necessary to
accom- olish the ofsEse. This was re-
vereiole error. Reversed aud remAnded.
Wilson, j.
Gaorgs Phillips W. the State; sppeal
from Upshur. Conviction for murder.
l. All persons are principals who are
guilty Of Sctiug together in the commits
zion CT az oEense. Not alone those who
aIe present, bu. sill uho are acting To-
getherin It's commission. Actual presence
Is not necessary, il at the time of the