Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-04-10
COURT OF APPEALS.
synopses OF Decisions Rendered at the Pres
ens Austin Sitting.

synopses of Decisions Rendered at the Pres
ens Austin Sitting.
Correspondence of the Gazette.
AUSTIN, TEX April 7.-Koller VS.. the
State; from Montague county. Indict-
ment-Bsd spelling does not vitlste. II
the meaning OF the allegations of an in
dictment ere unmistskable, bad spelling
does Tot vitiste it. Idan Sonaus-"Inhso-
itauce" aud "irhabitsDts;" held to be
idem soneus. Inhabitants of street
Persons residing IN houses on public
street are inhabitants of such street,
within the meaning Of article 3l4, P. c.
That defendant may have violated the
statute by disturbing the Inhabitants of
private residences as well as Inhabitants
| OF the street by the same act does not bar
/ q prosecution for the latter phsse Of the
offense. Aft med. Wilson. j.
Floyd Ellison VS., the State, appeal from
Dallss, theft; essential allegation and
proof. In slI prosecutions for theft, ex-
c=ps theft from the person, or theft Of g
horse, mule, ass, or cattle, it Is necessary
| to both allege and prove the value Of
property stolen. In this case the con-
viction lie for theft of corn, and there is
no proof in the record as to value. The
case is reversed and remsnded. White,
presiding judge.
Isam Mcconnell VS.. State, from Cook
county; assault with intent to ipjure,
element Of. In this case the only evil
denCe adduced was that of the alleged in
iured party, who sHore that defendant
did not intend to and did not hurt her.
He'd: That the case WAS not made out,
az the element OF assault is either an in
jury done, when the law will presume the
intent, or an injury intended to the per-
son % another. Reversed and remanded.
White, 2. j.
Milton Petite vs. the State, from Tar
rant county, variance in christian name,
idem sonsns. In this case the defendant
IN the ntfi iaVit upon which the informa-
ton was BASED, is named as; Melton
Petite in the information; as Milton
Petite. Held: That Melton and Milton,
are idem sona0s. Verdict sufficient.
ave the jury fad the defendant guilty OF
an 'sggrave assault AMI assess his pun
ishmeut, st $1,000 fac aud two years in
the county jail Held: That the YER
dict Is inteLigible, ana valid. Affirmed
per curism.
Stoweil VS.. the State, from Dallas
county; reCognlziGce Insult Sient. In
this case the recognizSnce recites as the
ofense, hat defendant stands charged
with disturbing the peace. Held: That
the recognizInce does not recite an Of
Tense known TO the law; and there being,
further, no notice Of appeal in the re-
core, the appeal IS dismissed. P curtain.
MCGlnnis vs.. the State; from Tarrant
county. Information for aggravated as
sauIt upon II tttie McGinnis, 9 female; de-
PENDANT fined S25; the motion for new trial
among other grounds, Pr, sented as error:
that part OF the charge which authorized
the Jury to convict the defendant, II they
should find from the evidence thes he
used any character Of violence upoHsHat-
tie McGinnis the assaulted psrty, whether
il consisted Of d slap with ths hand
or al assault, or striking with pistol or
other instrument, aud did not cobaGszshe'
jury to the character of the violence
charged in the Information. Held: That
there being no exception in the record,
the evidence conflicting but sufficient,
tnat there is no error disclosed by the
record. Affirmed per curism.
Du ivan VS.. the State, FROM Dsllas
county. In this case the Indictment al
legged theft from the person ~ Charging
that defendant did unlawfullY and ffsudu-
lently and privately take, steal and carry
awSY from and out'of the possession Of,
and from the person of John Lindsay,
one silver dollar in current coin and with
out the consent and without the knowl-
edge If said Lindsdey, with the intent,
etc. Held: Tlat the indictm 9nt Is good,
there being no exception to the charge of
the court, aud no statement OF facts, there
is no error apparent of record. Affirmed.
Per Curiam.