Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-11-23
COURT OF APPEALS
DECISIONS RENDERED
TYLER SITTING. ING
Hon. John p. White, PreSjlin
NJ Hurt and w. L. Davidson. $50 So.
ciate Judges-E- p. Smith. cIs,'. '''

Henry Hess vs.. the State; from r,-
MURDER IN the frst degree, w. ,,,'HA'l2
atty assessed. /. Where q 49,. --'s H..
merely indorses at the end r. ~, .--ss
! ot facts approved. " Si-g.ir '5--=-:
| clalIy without stating tu,. ... - :,
not agree, the same can NOT p4 -, ,' .s> "a
| statement of facts 10 De r.rs-....e..5-
| appeal must appear by arrcp-r,-. ,.el u.
| ties and be approved bvth,. .-.... ...' p..-
| titicate of the judge when ;h. !.. c.
| agree. \ paper signed b. H.. -4.a
one of the parties, and mar.... ......'.>- 3:
and signed by the court, can MI. ,...''-
as statement of fae;s" AZ To-. 'zi'el
.. In the absence of the far. -. =. %. AZ
presumed that everything W., rrrr5 w., Z
eSSary to be proved. 3. In tts ..s..' -.
the facts, we can not say -l.. @:
erred In not charging on Lurt.r IN ~ AZ
ond degree. Affirmed Per r-.-.-. ''- Sc
Douglass Bishop vs.. the S..... s-.--.
vaca. Manslaughter. 1. Th-..4rra '-t -
there may be some ob."r-i.-. I'D .- ' .-7
phase OF presenting the tG..r. u -. $50.
yet in the absence Of Sne...r .,......'
thereto, and in view of the r....-
and the facts of the case. v,.e. -,...
the case presents any SutlCie., r.-4..-..h
setting aside the cOuyicr1r TIL.
as whole under the fac. o.-......-..''l
sufficient. ,. There Is Uo crI. >-- ...
bills of exception relating 81 e. ..... -.-
the evidence amply supports h .r-r..-'..
Affirmed. Per curiam.
John Conner VS.. the State. fr-r u-..
Cattle theft. /. There beiu-r. .r..,...
fling the statement Of facts. a.l -.....-.
filed in term time, the StatyU.l, ,.r..
considered. .. If the facts u. rr....-.,
we do not think Coleman an .tn-...
This Issue was submitted g. ,h .rs.I
they found he was not. .. 4 ..a. -
continuance not set out in tae -,.-I --5
10 the everything of which r1 b.. .. u.s.
tions was reserved, cannot De- cIasi3. .qf.-
appeal Affirmed. Per cuIiaG:
Norman Winters vs.. the STATE. s-,-
Smith. Embezzement. l. The c.I~rr.-.,.-
was correct and special rc1lrSrct s.sr,..
were properly refused. , The gfa~-.7
contained IN the Indictment was f..ra,F
completely proved. 3. Fraudulent s.a,
was proved, no contradictory t,..a-...r
that issue being offered. Affirmed Per
curiam.
Berry Curry vs.. the State: from Sg..
Aggravated assault /. Plea uf ururrtgs.
yiction was properly submitted hy -agrg-
in its charge. :. In the aOscucc us q s'a,..
ment of facts we will presume cyrry.ar-
was proved necessary TO secure ac9uU-
ton The facts may have been olarwl-a.
inc that the assaulted party was old anil,
crcpit. Affirmed. Per curiam
Ed Cook vs. the State; from Hunt O.
motion 10 discuss. l. \ rara-ucaa,e
which recites the OfTcuse charged lis .'sa.n,
Intoxicating liquors to minor. states l
specific offense against the law aHi is il.l-
~ defective. Appeal dismissed. Per cur.
am.
F. L. Hunter VS.. the State; from Harris
Murder in first degree. On rehrdriu- J.
The judgment of affirmauge h,rrtotyu
rendered will not be disturbed. There
no reversible error disclosed by the rgtON
Overruled. Per curiam.
Texas and Pacific Railway vs.. John j.
Bohren; from GraysOn. Motion "a transfer
from Austin to Tyler. j. Counsel repre-
senting both sides agreeing To transfer from
Austin to Tyler, the motion IS granted. PEI
curiam.
Pitt Mcdaniel VS.. the State; from Smith
On motion 10 dismiss. l. Pending this ai-
peal appellant has escaped from custody
and has not voluntarily returned Apqe4
dismissed. Per curiam.