Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-05-05
COURT OF APPEALS.
synapses Of d. c'sions Rendered a. the
Present Austin Sitting of the
Gxss Ceurt Of sppssys.
This pEse Of short tn. stety, from Tar.
rant Oounty, for UniawfuJy OarryiDga
ristOI, Reversed and r m anded.
Correspondence o. the Gazette.

otott; aLsScCSa county. Conviction Tor
thief CT horse. rhe conviction rests
solely on defencsnl's possession of the
animal and its sale by him in 1886, three
years alter 1t Wss stolen; there is no
evidence tending to convict defendant
with the original taking. Held: That
possession Of property to raise pre-
sumption Of guilt must be recent; the
eviderc9 Is insignificant to support the
conviction Judgment reversed aud re-
msnded. Waite, Presiding Judge.
Short VS.. the Safe; Tarrsnt county.
Tlis ia en- sppCsl from a conviction for
ualhwiully carry. ng pistol. L. appears
from the evi1snce that the defendant
had the pist,l in the White
Elephant saloon, on 12.h December
DIT 'nden. pr0v.d ny his witness, Ward,
sid thsre was no evidence to contradict
IN iestioony, thst on inst day defendant
ow led m iateresG in the White < eplsnt
sa'9oe; r0Es Oefen6sut had desE IN TIE
sal Az Office Where he did his CORE
81 nde1ce and 4 drawer ie tae aaie 10 tie
1hts II wnica ne kept his pspers sGd
o'Gef vsl1a1.es; that ne spent three
fJurhs If his time i'll the saloon ana WAS
silent pirLa:r IA the concern. l. WAS
EiN 1-iA' y = SIe2S Ib Aku IECEITEU DTI0E 10
1ha7 So tIres' enicg letters; aud hsd em-'
pl yed . dets C i've AID deputy saerh to
n-si~t him il ferretiDg ouG the AUTHORS
w.toout success. held: That defendant
WH3 1T his place Ct business and that he
Esd reasonable grounds for fearing 81
unlawful attack upon his person, snd
tha5 th3 danger wSs imminent and threat
en!ng, aad OF aucl character did not
admit of the arrest of the party about 10
maze SUCH attack upon legal process.
Reversed and remsnded. Waite, Presid-
Ing Jatse.
Fariiu Va. the State; Ataecosa county.
Conviction for theft OF mares. On the
dsy defendant was d st seen in possession
OF the mares, he explained his possession
by saying that the mares were sent from
Mexico 10 defendants mother by her hus-
ban6, one Artez, for the children of said
Artez. that they were in the brand of said
Artez, ana that they were brought from
Mexico by Fernando Artez Ga the trial
of the case the State proved said explans-
ton, but tailed to prove that it WAS fslse
There WAS no testimony direc Ily rebutting
or contradicttng oeiendsnt's explanation,
CT The testimony IN support thereof. Be-
sides, the fact that defendant had posses
sion Of the mares and sold them, there is
no tScs in evidence even tending to estab-
lish his guilt OF the theft OF them. The
conviction is not sustained by the evil
dance. Reversed and remanded. Will
son, j,
Thurmond vs.. the State, Colorado;
convection for forgery. Defendant asked
specisl charge TO the effect that the forged
instrument alleged to have been kaow-
tngly forged as true, pnrpor 3 80 be
negotiable bill of exchange, ard negotis-
BILE only by endorsement OF the payee,
and without such endorsement 10 legal
title passes to the purchaser; and though
the Instrument described In the indict-
ment was forged one, and the defendan,
pledged the same to George Herders with
On understanding tbs. it was to be re-
deemed By ain az future day, it is not
knowingly passing as true a forged in
strumenL wiIain Inc meaning of article
44S z. G. This instruction WAS refused
He'd: The instruction is applicable to
the facts II evidence. But it is not the
and discussing Gentry vs.. State 8 Yerger
10 Bishop on Statutory crimes [sec.
1851 Affirmed. Wilson, Judge.
Washing ton vs.. the State; from Colo.
RADIO. ConVicu0n for murder in the arst
degree, c0mnIttei in the preparation of
the crime OF rape. Held; Inst TWO con-
fessions made by appellant show him to
be guilty Of one OF the most aIocious
murders ever perpet-sted in this or any
othsr civilized community; and when the
slckenlng dst3!l5 are considered, We can
but admire that fortitude and forbear-
snce OF the community where 1t occ urred
IN permitting the law to virdicate itself
in Its punishment with its own extreme
penslsy. Affirmed. White, Presiding
Judge.
Stanley vs.. Lewis, sheriff of Bexar
county. This is an appeal from writ Of
haoeas corpus sued out by appellant who
was with his companion, Bertha Stanley,
Che confidence queen), arrested on
requisition from the Governor of Califor-
mis- and on the demand and warrant of the
Governor OF Texas. Held: Where the
papers upon which q warrant OF extradi-
ton is issued are withheld by the execu-
tive, the warrant itself can only be
looked to for the evidence that the essen
tial conditions of its issuance have been
complied with and it is sufficient IL it re-
cites what the law requires. II is not re-
CURED that the WARRANT should show tina.
the crime charged In the affidavit is d
crims by the laws of the demanding state.
The Judgment appealed from In
all things is sffl Timed, and it is adjudged
that the appellant pay costs Of this ap-
peal. Wilson, Judge.
Minnie Mitchell VS.. the State, Bowie
county; receiving stolen property. 1t is
alleged that defendant received from one
r 1Ie Mitchell, q finger ring, the prop
erty of j NJ Kizer, of the value of $3.50,
the ring having been stolen and the de-
PENDANT knowing it to have been SO &C.
quired, concealed the same. 1t was con-
tended that as the indictment charged
the ring 10 be the property Of J. M. Kiser,
and the evidence sho wing it to be the
property Of Mr.. Kizer's wife, that the
conviction was error Held by the
court. No error. Affirmed.
Howell vs.. the State, Karnes county.
Information for unlswfully carrying s
pistol, trial and conviction. The main
point in the case Is this: The affidavit
for the Information WAS sworn to before
the County Attorney, who failed to add
thereto his jurat; sitter the motion to
qussh the information for this defect,
upon showing made by the County At
torney that the person who made the Ell
dsvit was sworn by the County Attorney,
the County Attorney WAS permitted to