Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-10-27

suasion that appellant did SO. Re-
versed end remanded. Wilson, J.
J. d. Andrews VS. The State, from
Tarrant; keeping disorderly house. i.
The indictment alleged thst the offense
was committed April Z, 1890, which was
the same day the Indictment was pre-
scented and filed. There vas no allega-
tiou in the indictment that the offenSe
was co mitted anterior 10 the present.
ment of the same. Held: a failure TO
contain this allegation rendered the IL
dictment fatally defective. Reversed
aud dismissed. White, p. J.
Green Field VS.. The State, from Nor
| ris, disturbing the peace. l. There be-
ing no indictment or Information in the
record, the cause will be reversed and
remanded. Wilson, j.
Ned Holmes ct al. vs. The State, from
Zavalia. /. THIS being q misdemeanor
case is properly returnable 10 the Austin
| term of this court and Will be transferred
TO said branch of the court. White, Z.
j.
Texas and Pacific Railway VS.. L. D.
MAYS; from Tarrant. Appellee waited
for three hours for delayed passenger
train, being in appellants depot in the
town OF Arlington. Appellee was
cripple and the weather was cold and
| disegreeable. He requested the agent
| and also the porter 10 maze fire, which
request was not complied with. While
thus exposed he contracted q sewers cold
and fever. He brought this suit to re-
cover damages. /. 1t is the duty OF
railroad companies to keep their pas@en-
ger depOts lighted and warmed and
opened TO the egress aud ingIess of all
passengers reasonable time before the
arrival aud after the departure Of pas
senger trains. This is applicable to all
passenger depots and is not to be re-
strlcted in its application to such depots
ut the junction OF railroads. This is
both statute and common law. .. A
judgment for S25Owas not excessive
Affirmed. Wilson, j.
SIOUX Counts VS.. the State, from Titus.
Assault and battery. l. There is no
proof Of the venue III the statement of
facts. Reversed and remanded. White,
+. j.
North Side Street Railway vs.. George
Aston; from Tarrant. l. The charge of
the court considered as @ whole was frees
from error and applicable 10 the evil
dence. z. We think the verdict sup
ported by the evidence, and there is no
error disclosed in the record that uld
uo DIuR llo
Affirmed. Wilson, j.
d. W. Jones VS.. the state; from
Bowie. Because there is no final judg-
ment shown by the record, the appeal
cannot be entertained. Dismissed.
Wilson, ].
Jno. Wilson We. the State; from La
vaca. Perjury. /. The false state
ment was in reference to a material
matter. 2. Charge of the court su!fi-
Gent and the evidenc sustains the con-
viction. Affirmed. Wilson, j.
Henry Walton va. the State, from
Wood. Assault to rape. l. The court
instructed the jury that if they found
appellant committed an assault on the
prosecutrix and that he intended to have
caFnal intercourse with her by force and
against her will they should find appel
liant guilty. Held, erroneous. The
jury should have been further instructed
as to the character of force necessary to
be used TO accomplish rape. Reversed
and remanded. White, p. J. Will
son, J dissents and thinks the charge
given sufficient.
Cy Porter vs.. state. from Bowie. Ag-
gravated assault and battery. l. The
evidence shows that the assault was
committed with a deadly weapon. ..
Charge full and correct. 3. The fine of
$500 was not excessive. Affirmed. Will
son, j.
Bill Pitts VS.. the State, from Jack.
Theft of property of over $50 in value.
l. Where property is owned either in
common or jointly by two or more per-
sons the ownership may be alleged in all
or either of them. 2. Defendant is en-
titled to new trial because of the absent
rybi ,h oinlv oil
and probably true. Reversed and re-
manded. Wilson, j.