Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-10-16
COURT OF, APrEALs.
s7u, pse1 OF Dscir,o-r Rendered at tbs
Present Tyler sitting

sYuc Psez OF DeciriolE Rendered at tbs
Present Tyler slttiGg
Correspondence of the Gazette.
Tyler, Tx Oct. 13 -Charles Smith
We. me State; appeal from Leon. II is
shown tha. this Is an appeal from mis-
demoaUor, sid that it Is properly return
able to the Galveston term CT this court,
Hello: TIE Tyler term OF the court has
not IrIsdiction CT ni?demesDor cases
4rom Leon county, and the case will
:, tacrf fore De transferred 70 Galveston.
Per Curjsm.
d OK Munson VI. the S ate; appeal from
Wha.ton. Conviction for aggravated as
seust. II this case The Assistant Attor-
General mCves TO transfer 10 Calves
ton tenn u tdis court on the ground that
tais is s raiedem Jsnor case, and properly
rsturrsb!s to ssIo term. H5lc: Motion
sustained. Trz-sterred 10 Galveston
Per Carlsn. -.
Marx Ii. klart We the S.s!e; sppesl
from Limestone. tbs Is 81 appeal Erom
IEues.one County CT CONVICTION fGr c
mFzi!srealoY, and the Assistant Attcr.
.ney.Cfa.eEsl moves TO Transfer TO the Aus
TN hrsucl Of this court. Held: Misde-
meedss csses from aid county are re-
turuaSia 20 the Austin term OF this court.
Transferred. Per Curism.
r. Gag Va. the Safe; appeal from
Rex.T; CONVICTION for horse theft. Where
tbere.1e neither statement OF :acSs nor
bins Of exception, and no question is
raised % the record, this c3urE Will not
revise the aodiDgs Of the court below.
Affirmed. Per Cari6m.
Lon willard vs. the S'r+p; SrGcsl from
Esstlsnd. l. WhHr- - conviction Is
based wholly on GircumstaAtisl evidence
It is reversible error in the cour. to fail
TO charge the law Of Circunstsntial evil
depce. . Where the evidence showed
that the defendant offered to pay the
prosecuting witness f0r the Cow alleged
to have 6een ot9lso, this is lot q comics
sion bu. only clrcumettpce tending 10
show deiendsut's guilt. Reversed and
remspded, Wilson, j.
Ei Smith VS.. the State; haoess coTru'
frop, Lsol. AppellsnT, together with ore
Hr4hss. stands indicted f3r the muir
der OF Robert Marin. The couri below
refused appellent bsil snd ne appeals to
this court. Had: Uacer the evidence
"A disclosed By the record, we ere OF
opinion thst appellant 10 entitled 10 Dali
Il Is therefore ordered tha5 he be re-
lessee Ss S''S NA-~NNsSA -
how'd In the sum OF $4,000 SIS the statute
nrescri5es. Bsil allowed. Hurt, j.
G. H Hughes vs. the State; hsbess
ccroas frora Leon. This is comosnicn
case 70 that OF Smith vs. State reported
aoeve, and ia also sn appeal from an or
der of the lower court denying bail
Hsl!: Wa exc CT opinion that under The
testimony as snown IN the record sppel.
lxnd is entitled to bail. Il is ordered
thas whsr he shall have executed Legal
bond in the sum OF $4,000 he shall be re
leased ffomicustodY. Bail SLOWED
HuTs, j.
from Victoria; conviction for perjury
appe!lsnt wss convicted for peIJ1fine
himself on the t-isl CT the state OF Texsl
vs.. Berry sMliugsn and -mira Jones
The Judgment acquit.ing defendants in fat
ABOVE csse WAS Introduced by the stale
Held: This was proper, but as the sp
pellsn,s' ST. cement, il believed by tue
iury, would bsvs convicted defendants
Miilissn and Jones, it was the duty Ct
the c. u. below, by proper Instructions