Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-11-22
HIGHER COURTS.
synopsss Of Decisions Rendered at tho Pres
ent Tyler Sitting.
COURT OF APPEALS.

COURT OF APPEALS.
Correspondence OF the Gazette.
TYLER, Ten, Nov. 20.-Joe Bennett
vs.. the State; from Dewitt. Theft Of
cattle. /. The evidence fairly raised
the issue of an abb. The omission
of the court to charge upon that issue,
being properly excepted to at the time,
was reversible error. 2. The evidence
Ia circumstantial, there being no direct
evidence that appellant took the stolen
animal. Such being the character of
evidence, an instruction to the jury ap-
propriate thereto should have been
given. Failure to do this was error.
Reversed and remanded. Wilson, J.
Allen Fleming vs.. the State; from
eFanuin Theft of horse. /. The ap-
pelIant giving different explanations OF
his possession of the horse, the charge OF
the court under these circumstances on
explanation of the possession of recently
stolen property, was proper. 2. AS to
the testimony of absent witnesses, by
whom it was expected to explain the
circumstances Of appellant assuming
other than his true name, 1t would not
be competent evidence. 1t would not be
res jeste of theft, but merely the self
serving declaration Of appellant. 1t
could not be considered as probably true
IN the light Of other evidence. 3. There
is nothing in the objection that the in
dictment charges that the animal stolen
WAS ''gelding,' and the evidence
shows that it was 'horse. Affirmed.
Wilson, J.
Robert Wynne VS.. the State; from
Smith. Motion to dismiss appeal. l.
The appellant being tried for assault to
murder, and convicted for simple as
sault, it was sufficient for the recogniz-
ance to state that appellant twas con-
victed of simple assault, without stat
ing in what court the conviction was
had. Motion overruled. Per curtain.
Lon Custard vs.. the state; from Ellis.
Motion to dismiss appeal. l. Appellant
was charged with gaming within the
limits of the city of Waxahachle on Sun
day. The recoguiZance recites that ap-
pellsnt was charged with playing craps
on Sunday. Held: The recoguizauce
does not recite the offense charged, nor
any offense against the law. Appeal
dismissed. Per curtain.
James Bryan VS.. the State; from Van
Zandt. Motion to dismiss. l. ''Order
OF the court' means the same as 'leave
of the court' when used IN a re-
cognzance. The recognizanoe is suf-
fcient. Motion overuled. Per curIam.
Jim Garrison VS.. the State; from Rusk.
Motion to dismiss. l. A recogniZance
which recites that q defendant stand
charged with carrying pistol is fatally
defective IN that it recites no offense.
Appeal dismissed. Per curtain.
J. D. Steele vs.. Ralph Paris ct al;
from Hunt. !. There is no assignment
of error, and the record does not disclose
an fundamental error. Affirmed. Per
curtain.
City of Sulphur Springs ct al vs.. o. 9.
Davis; from Hopkins. l. The assign
ments Of error are too general to be con.
sidered. 2. No error Is specifically
pointed out and the record does not show
fundamental error. Affirmed. Per
curiam.
J. q. Thomson vs.. the State; from
Ellis. The relator stands charged with
murder 10 the first degree, and this ap-
peal IL from an order of the court below
refusing him bail. l. Havlng carefully
examined and considered the evidence