The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-03-05
HIGH COUR rs.
COURT OF APPEALS

Hon. Jno p. White, presiding Judge;
J. Nj. Hurt and W. Il. Davidson,
Judges; ii A. More, clerk.
J. 5 Bracker vs.. the Stale, from Cooke;
con viclion for murder III tue second degree,
with ten years imprisonment ASSESSED. l
Appellant ami deceased were brothers III
law. A serious difficulty between them
occurred eight years prior TO the homicide,
near " ach time Il deadly enmlty appear,
to have existed ON the part OF deceased To
wards sppe Liant. evincing IIseif in
ftuuent and continues salts WHEN
ever the parties met ard in many deadly
threats on his part, who was greatly Ter
rorZed III tbs conduct with him. Appel
lauls relatives lnlrICt drd with deceased,
bur 10 no purpose. Appellant was II
weakly, sick man, while deceased was
strong aud alhlrlC. The latter cons anty
Went armed, saying he Cured wrap ms Tor
| appell vat a,u hi, ends. On Fril,y de
CraNrd put in ClrCu ion report tina ap-
| pCltant had ut ertd IL sian der against II
| urighOurS wife. The husband ct the
| Injured wife to Il appella (whu srenOuSIy
| denied circulating lh- Islander, that he
| must Xix up the Matter at once Appellant
| determined to see deceased about the mat
ter, and fearing Il dltlicu ~ took his gun
aIouE. ii" stopped un the way to consult Il
| ntlgHhOr about what was best t. do. a Il
| there aCCidrnllN met dc. rastd He called
tue nCighbur off to confer with him, ana
| a. they stared oil deceased giarrd at him
| ard followed nIm. When deceased came
| close up he pul his right hand behind hlu
and extended his lett, continuing 20 al
vance. Appellant fearing h III with IN lreund
| stop whlCh he did not 40 and appellant shot
! him Held: charging with reference t.
| munslaughtrr the court erred In charging
that assault AID battery causing pam ana
| blOudsht d. and = ser Gus p rSunal dlilicuO
| ~ etc, were adequate Cdu>eS. Thus in
structlon was euIreIy lnapplcaOle III
either phase to the fact of his case. There
was o assault and bd iery, nor was there
Il serious PERSONAL conflict and hence the
Cherge erdrd III ml.lrad a. d confuse The
jury. (l3 App 4lu;?2 App. ~ Where
the eHlHeuce shuAs number Ui COndl ion
ana Clrcum star CeS tending either SiuglN
or COEtCt NeIy 10 COnsii ute what jurN
| hlEht consider tequale cause, the conf
sOuld leave the jury AT liberty To consider
them all in derrrmin NJ whether or not ad
equate eau eexiSed. (2IApp. 49j; % APP
AZ 3 The J Try sruuld have been IN
struCted III PLATA and pertinent manner
50 that they might be informed that they
could and should Consider the anlpcedpn
facts and circumstances IN evi enCe in de
ternini" 4 ad, quate cause ON the issue O
manSaughr-r. 4 On self defense aud rea
sonabie appearances of danger the charg,
of the court was correct. Reversed and re
manded. White, p. j.
John Slade VS.. the state, from Red Rive
c unity. Conviction for murder in TN
second d gr'e {, the punishment being as
seSsed at forty years i'll the penilentlary
l. The tate was properly permitted l.
prove threats OF appellant TO kill other per
sons, their killing being within the scope G
the conspirac,. ,. A co Splracy bin
shown, threus ny either uf the cOnspira
tors, even in the abe &c If the Others, WA
admls lbe IN evidence. 3 Wnen the stat
relies tor conviction alone, upon the aimi+
sion AMI confessions OF the accused an,
such confessions or admissions, contain