Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-11-06

~ M - brlCt COmpilsGCe
WIFE tho statute the court slou d
gtsn. same SIS Z matter Of right, the court
having no discretion to refuse it. Re-
versed and remanded. Wilson, j.
Bud Cameron VS.. the State; sppesl
from Hopkias; conviction for simple as
sault. l. Where the EVIL :ence as sdduce
in the court below is COZ iicting, il is the
peculiar province OF the ury 10 pass upon
the same, and where there is evidence 10
sustain it, this court viii not distu, o
their verdict. The charge WAS sufii Gent
No error. Affirmed. Wilson, J.
n o Harris VS.. tie State: Appeal
from Hopkins. Conviction for carrying
pistol. l. Where statement OF facts
is not authenticated By tae Judge of ths
court below, the same will not &c con-
sidered in this court. There is no error
in the conviction apparent in the record
Affirmed. Wilson, j.
K. q. Jester VS.. the Stste: appeal
from Rockwall. Conviction for burglary
l. Il appears from the record inst ap-
pellsnt wss tried By a jury 81 six men.
Held: Such tTial was not in accordance
with law. 2. An Indictment for burglary
which alleges that the defendGn. "then
and there by force, break and enter 6
house, ETC." emitting the essential word
"did" is fatally defective. Reversed snt
remanded. Wilson, J
W. A Cooper VS.. the State; appeal
from Pslo Pinto. Conviction for theft OF
cattle. In this case she evidence is
clearly sufficient. The-e is no material
error in the charge CT the court below,
ard 10 error in the conviction. Affirmed,
Wilson, j.
- a. Powell vs. the State; appeal from
PelO Pinto. Ga motion to reinsiste. Al
former Day Of this term this case was
dismissed on the ground tina. no sentence
was pronounced against appellant in the
court below. 1t appearing to the salts
faction OF the court from the showing
made By appellant en- motion to reinetzte,
tbst sentence was actual. Y passed on hun
by the court below, the order OF dis
missol will be Get aside and the case rein
stated. WillsoD, j.
Travis Sinclair vs. the State: Appeal
from Delta. Conviction for aggravated
assault and battery. The evidence ap-
pesring to be sufli ;ien'. and there being
NO material error in the charge Of the
court when cousl iered as whole, end
with reference to the facts, the Judgment
of tie court below will not be disturbed.
Affirmed. Wilson. J.
Missouri Pacific Railway Company vs..
]. D. Losster. Appeal from Hunt. l.
The evidence sufficiently shows that sp-
pellsnt company WAS 6 connecting line
with the steamship line, nnG is therefore
liable for the loss Of the goods in contro-
versy. We find no error in the judgment
OF the court below. Affirmed. Wilson, j.
Fsuss Allison VS.. the State; appeal
from Robertson. Conviction for bigsmy.
There is no error eppErent Of record in
the conviction. The evidence Tss full
and sufficient The charge WAS correct,
and we will not revise the seton If the
court below. Affirmed. Wilson, j.
Peter Bisso VS.. Mandy Coleman; So
peal from Navarro. Appellant has failed
to prosecute his appeal BY the fling o.
snY briefs in the courts below, or il this
court, snd appellee moves to affirm with
10 per cent. damages for delay. Had:
The motion is sustained and judgment
affirmed with 10 per cent damages for
delay. Wilson, J.
S. c. McReyrclds vs. the State; appeal
from Rockwsll. Conviction for pursuing
the occupation Of selling liquor in qusn
titles Of less than quart, without first
obtsining license to pursue said occu-
patton. l. The court charged "thst dif-
ferent sales ct di1sTen. times near each
other to different persons would COZ sti-
tute the occupation CT selling, but one
sale would Iot." Held: Erfore ous, be
cause upon the weight Of eyidepce. 2
The f.nse denounced by Art. Ito P C,
consists not in the mere sale Of spirituous
liquors without license, but In pursuing
the occupation OF ceiling spirituous
li9 uors without first having paid the oc.
cupation tax levied on such xvocation.
5. 1t was g matter for the Jury to de-
tsrmine, whether from the number of
sales proven the party was pursuing the
de4u patioc, and not for the court to tell
thea hoR many ISLES would constitute /
the NHesse. Rsvssszu and rsmanded.