Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-22

| the motion We do not feel authorized to
disturb the finding of the court. 2. The
| testimony of the absent witness to the
effect that appellant accidentally shot Mrs.
Turnbnll is obviously untrue. Appellant
with the witness in question went to Mrs.
I Turnbull's heavily armed and, after pro-
\ volling a difficulty, deliberately fired on
, her. Armed with siXshooters, Winches-
| tiers, ETC., their mission was evidently not
| a peaceful one. Affirmed. Davidson, j.
| Hurt, j., dissents, and thinks if the juror
| who filed the affidavit attached to the mo-
| ton for new trial understood the agree
ment as set forth in his affidavit, then his
verdict is tainted, although the others did
| not so understand it.
Ex-Parte John T. Rankin; from Fayette.
Habeas corpus. I. This appeal is from the
holding of the court below refusing relator
bail. 1t would be manifeStly improper to
discuss the testimony, but after careful
consideration of same we think the court
erred in refusing bail. Bail is allowed ap-
pellant in the sum of 5000. So ordered.
Davidson, J.
John Backus VS.. the State; from Robert
son. Murder in second degree with thirty
defined malice aforethought. 2. No evil
dence calling for a charge on self-defense.
Appellant shot deceased while he was run
ming, appellant running after him. De-
ceased had right to call for his gun when
appellant was pursuing him. The charge
presents the law of the case. No error.
Affirmed. Per curtain.
Amos York VS.. the state; from Kerr.
Burglary. l. The charge is sufficient in the
absence of exceptions thereto. The testi-
mony objected to was properly admitted in SO
far as the record shows. The evidence sup
ports the verdict. Affirmed. Per curtain.
E. j. Pickard vs. the State; from Tar
rant. Incest. l. Charge sufficient No
facts sent up for US to inspect, but the
Judgment shows evidence was introduced
under the plea of guilty as to the statutory
requirements in such cases. No bills excep-
ton. No error shown by the discussion
by the jury among themselves as to the
to be returned. This discussion occurred
after the retirement. Affirmed. Per
curiaM
viii Peacock vs.. the State; from Lam
pasas. Cattle theft. 1. A defendant can
not dictate to the court to what phases of
the case he shall or shall not apply the law.
The charge presents the law applicable to
the case. 2. Appellant sought to create
conflict in the evidence as to the identity of
the animal, but if the witness, benson, is
to be believed. and the jury evidently be-
lieved him, there can be no question as to
the identity or the guilt of appellant, be-
cause the latter told benson he stole,
Moore's animal and wanted him, Witness
to swear him out of it. Affirmed. Per
curiam.
Sarah Oats VS.. the State; from Tarrant
Theft. l. There are no bills of exception
In the record, and the facts are not incor-
porated in the transcript. No errors ap-
parent of record. Affirmed. Per Curtain
Dave Hopkins vs.. the State; from VIC
toria. l. Bills Of exception filed after adj
journment OF court cannot be considered.
9. Charge of the court is sufficient, and the
evidence supports the conviction. No re-
versible error. Affirmed Per Curtain.
Sarah Oats VS.. the State: from Tarrant.
Companion case to Oats VS.. State, above
!. No bill of exceptions or statement of
facts. Charge will be considered correct if
applicable to any state of case that could be |
made under the indictment Affirmed.
Per Curtain.
w. J. McKelligon vs.. BARLEY, johnson s.
Co. : from FL Paso. Motion TO affirm on
certificate. l. The transcript has no seal
and tie, and consequently is defective.
Dismissed. Per Curtain.
B. Cohen vs.. J. R. Currie; from FL Paso
Motion to affirm on certificate. 1. The |
has no seal or tie and is other |
wise defective, Dismissed. Per Curtain. |
J. D. Brown ct al vs.. j. P. Shannon:
from Bell. l. A transcript may be fled at l
any time after its regular assignment by !