Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-06-29

| other evidence prevail over calls for courss
distance, but the survey actually made ia ~ 10
| legal contemplation the true survey, and II 81
always COM etsnt to show by any legal evids,a,
where the lines in fact run upon the ground ~
follows that when the mistake is in the cali ~
natural or artificial oh ects, and not in the c,t
for course or distance tie latter will prevail NJ
court had 20 decIGe on the conflict in tie evi
dence in the case, and by his finding evident,
correctly held that the land in controversy ~
surveyed from the north, ana that the lines ysrs
actually run upon the ground by the course 49,
distance called for in the field notes Of the an,
yey. The evidence is sufficient to support H..
finding OF the court, and the Judgment is AZ.
tirmed.
ooUar OF APPEALS.
VIM. weldstein VS.. the State, from Fan,
county; opinion by Hurt, j. Appeal from com
viction of knowingly selling liq9Urs TO 4 nirT-
without the written consent OF the Paren. Of ,1fJ
minor. The facts are that Nelson. 4 mino-
purchased twenty-five cents worsh of wnisk1
from appellant, falsely representing 70 hin slst
his, Nelson's, mother was very sick add thlt
his father, who could not leave her bed had
sent him for the whisky for his sick mothers
immediate use. 1t was shown that the IN thor
was a weak and delicate woman, who frenu.r--
" in her sickness used whisky. The boy had
frequently been sent without orders to get WHISKY
for his mother, and passed defendant saloon on
his way from town. The boy testified that de-
PENDENT mad asked him for an order, and that he
(the boy) made them the above representations,
adding that the mother was so siCS that The
father had to stay with her and sen. hun in a
hurry for the whisky. Under these crclm-
stances defendant by selling the whisky yio-
lated the letter but not the spirit OF the law
The principle tina: the mind must be guilty an.
plies to this case. Defendant was cautious in
the transaction, but was fooled by the deception
of the boy. We are upheld b. authority n tle
opinion that though case be within the letter
OF the law yet If it is exceptional to its SDi Il.
and the lawmakers did not mean punishment
for it. the punishment ought not to be indicted
Under the Bologniau law whoever drew blood
on the streets should be punished. This statute
did not apply to surgeon VINO opened the vein
IS rI,O fall m o ST IN
the bows story had been true defendant wOul 81
have been brutal in refusing the whisky Re
YerSed and remanded.
pany VS.. W. ]. Mayfeld, from Bee county;
opinion by Hurt, J. suit for damage to cattle
The conf ract alleged in the petition was to safely
transport the cattle from Runge, Tex, to Eagle
Lake. The evidence shows that the cattle were
not damaged when they arrived at Eagle Lake
consequently the judgment Is not warranted
Under the terms OF the contract as alleged tue
company had no further liza billty. The company
would have been liable, however, after the de-
livery to a connecting line II the petition had
alleged through bill Of lading. Reversed anu
Tom Harris VS.. the State, from Jefferson
county: opinion bv Wilson. j. That defendant
had purchased the cow is only contradictei bv
the testimony of Nelson, and his cred bihty is
impeached. The defendant on the other hand
had considerable testimony for his side of the
case. The evidence T. insufficient to support the
conviction. Reversed and remanced
Nat Daniels VS.. the State. from Jefferson
cution under Art. SI4 the evidence is entirely
circumstantiai. and the circumstances ara
weak. For that reason it was material ami
fundamental error to omit Instructors on cir
cumstantial evidence. Reversed and remaudrl.
Commodore Miller VS.. the State, from DJ las
county; opinion by Wilson, J. Conviction on
indictment of aggravated assault. The trans
script does not show the indictment, yet 10 Sus-
tain the conviction the indictment Is essential,
or if it be lost, its substitute with the proceed
ings had for substitution. And 1t Is incumbent
on the state and not the defendant to resent TO
this court a proper transcript containing the
matters of law. / App. 63l. Reversed and re-
Chas. johnson vs.. the State, from Travis
county; opinion by Wilson j., IT is not shown
by the evidence that defendant wilfully OBJ
structed the road. On the contrary the evidence
shows that he sought diligently to ascertain the
true locality of the road. The evidence does
not support the conviction. Reversed and re-
Ex-parte Uhas. A. Cox, from Camp county;
opinion by White, 2. j. appellant was con-
victed of violation OF the local option law Mn IN
minutes were read on May Y, when the Judge,
discovering that the punishment of twenty days
Imprisonment in each case had not been mado
cumulative, directed an amendment which made
the third conviction cumulative OF the second
This amendment did not make the second
seuuently the terms of imprisonment in the
first two cases commence and, being each
twenty DAYS, end together, when the punish
ment for the third offense becomes operative.
The statute regarding cumulative punishment
anplies 10 misdemesnors as well as felOnies.
The court could amend the judgment, because
defendant was in Jail under the first sentence,
aud not the amended sentence, and besides,
the Judgment had not been approved by tho
iudge on the record The amendment is suhi-
ciently specific to authorize the punishment
The defendant claims the local option law was
not in force at the time of the supposed viola
ton, but the question has been settled BY the
court differently. The case came up before the
district court on habeas corpus and the appl-
cant was remanded. This is correct. Affirmed
Jack Lockhart VS.. the State, from McCulloch
county on Tehearing; oninion by Wilson, j:
Upon a close scrutiny OF the evidence we Ind
that it is insufficient to warrant the conviction,
which is had upon the uncorroborated evidence
of an accomplice, wherefore the cause Is re-
yersed and remanded.