Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-04-30

- AGsE1H,s9sx., April 28.-Marths Porter
vs.. the State; from Bexsr. Indictment
for incest with her uncle, William Alex
ander Moore. The case was fully essab-
lished by the evidence, put it appeared
that the name of Moore WAS William
Albert Moore, and not William Alexander
IS named in the Indictment Tue de-
fendant excepted to the testimony Of
Thomas Porter, who testified that Moore's
name WAS William Albert, and that
he had never heard him called
WuIiAn1sAleS auder before to-day. The o.
sistti6n was overruled and the testimony
as given admitted. There was also q
motion in arrest OF judgment based upon
the proposition that the indic'mc
charges appellant with the commission OF
the crime Of incest, with One William
Allen Moore, whereas in truth and
fsct said Moore's name is William
Albert Moore. Held by the court: That
the variance In the middle name OF Moore
is immaterial, the evidence is sufficient
and the charge of the court correct.
Affirmed.
Kutornan vs. Lyon, from Grsyscn
county. This is s motion to affirm the
Judgment Of the court below, on certih-
este. The certificate fled herein has
neither lie nor seal. There is no judg.
ment Of the court below, nothing but the
certificate OF the clerk that the appeal
WAS perfected on the 45h day Of June,
1887, and the copy Of the appeal bond.
Held by the court: That the certificate
sSnot prepared in conformity with law;
no tie, no seal, no judgment, no notice Of
appeal. 40 Texas, 36l ! Dismissed.
Hslbrook VS.. the State; from Live Oak
Indictment for burglary. There Was 8
change of venue from Bee county. The
appellant was jointly indicted with one v.
Conrad. There was no severance on the
trial; Conrad was acquitted by the jury:
Halbrook WAS given two years. On the
trial, the confession of Conrad after the
offense WAS completed and cut Of the
presence of the appellant, was given in
evidence against all the defendants, it
was objected that such evidence was only
admissible against the defendant making
the confession. II seems that both de,
PENDANTS had made confessions. The
court below admitted the testimony
only sgainst the defendant making it, and
so told the jury In the charge. Held by
the court: No error. the confession Of
Conrad mentioned in the bill of excep-
tions was legitimate evidence as to him,
and WAS controlled IS to Halbrook by the
charge OF the court. Affirmed.
JACK Hopkins vs.. the State, from At.
ascosa; Indictment for theft Of calf,
punishment at two years in the penitep-
tisrY. There were seventeen witnesses
testified on the trial. The main fight
though was on the testimony Of Henry
Banks, who, it appeared, WAS an accom-
plice, the defense maintaining that his
testimony was not legally corroborated.
Henry WAS the first witness put on by the
stste, and his testimony on the whole
very damaging to the defendant. He
testified that on the morning of the theft
he had gone over to defendsnps house
TO gee him about the election Of five
sccool trus ees, defendant being enc Of the
Candidates for that office. While over there
Defendant asked me if there was any fat
cattle on my side of the creek. 1 told
him there was, snd he then told me to
pen some and he would come over after
the election and kill one. Henry agreed
to this, and carried out his agreement. He
penned the COW and her calf. In the
evening about dark defendant came over
and roped the calf and it jumped out Of
the pen; defendant drove of in the black
jacks to kill it. Henry declined to help
MIN, telling him he was scared. Defendant
and one Mr.. r )binson butcAered the calf
:zhd came By Henry's house in Robinson's
hack and gave Henry part Of the meat.
Next morning The old COW,
the calf's mother, fingered around
the spot where the calf had been killed
and attracted the attention Of her owner.
Henry finding this out sent to defendant
this message BY little girl, to tell de-
fendsnt that the sold COW had given them
away" Henry was corroborated on all
the material points Of his testimony as
the jury thought. The point is made that
the Jury did not go according TO the evil
dence and charge Of the court In that
Henry's testimony was not corroborated.
Held by the court: That the evidence in
the record sufficiently coYroborates the
accomplice testimony and there was no
error in the conviction. Affirmed.
Christopher Fsrin vs.. the State; from
Atascosa, Indictment for theft of horses.