Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-10-26
COURT OF APPEALS.
,rcISIONS RENDERED AT THE
TYLER SITTING.
The Rulings in a Large Number of North
Texas Cases-Afiirlned and Reversed
and demanded.

-. authorized by law 10 administer
-. Was sufficient to show that the
- wa authorized by law to administer
., Otner objections to indictment
,,- well taken. 3. Appellant held a
Ind mortgage executed to him by Cora
,..t,.Far After her death he made Aft
~, IN 10 the Justice of the note in order
"a authenticate his claim against her
On the trial of the cause the state
,.,.ad in evidence an instrument III
In signed BY appellant to the effect
sid note and mortgage were executed
C.ra NcNiahan TO appeilant.to protect
fylrl creditors, until she could arrange
....sr,.. with them without sacrifice. and
,-a. said note and mortgage was executed
.-r.ut lawful consideration, ard was
Land void. Appellant admitted the exc
.5-r # this instrument by him, and eN-
..,.i fl.t the instrument was never in
- rs between himself and Cora
,r[fafau as 4 release Of her liability upon
,-ir,-r. but solely for the purpose Of pro-
,.'.rr her against creditors and enabling
ITO execute certain bonds in court in
..as here she was or might be required
.riv,. bond. and that ii was so understood
,...,r,tu them at the time Of her death.
r..- is The. extent of tine iEculpatOry evil
-,. Ueld The admission by appellant
..ls r-rrulion Of the instrument of re-
-.., taken in connection with his explana-
.sr does not amount to 4 confession OF
r,r ueriury cannot be had upon
| Ia The evidnnra does not
.nr.r, the verdict and judgment, and the
.- erred in refusing the following special
.sr,r. The jury are instructed that, the
..-,a,te,,,,nr 1Indar oath rs CHARGED
."...''.. .;,.,I,a,+ CONSISTS ONLY Of tho wit
lt .'. ~. crnta,nn1+ of do
'.. - i not st,,orf,Iy, ccrro l1orotnl
''.. jor,,,, .,s 70 tho faIsitv Of fbe
~ ....,. ,','jar oatb and the i,11v mnst
,.S,,,lI.,,t moi e,u;rf,-r Reversed
-. dol White p
".''
charles Gooae vs.. the State: from De-
~. .rtsfl If cartIn | The evidence
VI. e., connect appellant with the theft
" -. e., rn..,ap,, and lmsatisfarrorv man
& .TherT is no direct proof of the
...r- NJ consent of the owner to the taking
t...- h.. error, nointcd out The Judgment Of
......-..,r. cannot and. Reversed and re-
..r.f White -. J.
f.,-,, Roberts Us. the State; from Dal-
. ,f,,i.I, with life neu;.ltv assessed. |.
t.s-..,.. was continued during January.
-.r I'm. the Term which ended April 4.
-r Tin. suc,aeding Term beran Anil &
t,4 an, March 20 the court ordered a spe-
.. ,..rir,, 10 issue returnablr April Q. and
,......,..,fsc fol. trial April II. 1891. The
"', ,bS. tp@,ia yenirt we're selected
t..,.. ,r,. Juror, drawn by the Jury commits
....r. .,,. SERVICE dIIIjng the Aprjl Term
.l.,.t. form apuellant was tried. Appal-
r,rr r,n.,.pds that the action of the court in
.,4..fr.r th. spe,.ial yepire and making Il
,...-ir.,D,,. +, 4 succeeding term of court, Il;
,.... .s rf,.. epr,.ial yenire itself, were abso.
-.. .,.s5fsrrion In make sucb order or have
s., D. craving done, Held; This IS a cues
r.,f ..rsr impression in this state. and we
g.. ,.,r.stI.,inrd ia hold that such action of
,......r.,a was within the pIrvieyy of orIr
......... hearing ON this question. ART.
DID,. d. g. D, Tie state can demand thc
,..fr. m ,ry TING aftc; Indictment fourd
iii. .r1in docs NOT do This. 4 defend
90. 4- ..n,iyinr with The terms Of the
.,..,,. demand a ycrire and force A trial of
l.r.....,. ,zbansiiveIy discusses This nnGs-
80. AZ I.u,.fb ,ftinr authorities We
,,-s ,fn evidence Shows that appellant
..-..r,3 tbn dIfic1Il+y resulting in the
'.-i..,f deceased and that he did NOT sinh
......-.,I,- abandon same If anpsllant had
...r.i.,,,.j tE. dificIIrv and deceased wa
-.,.rf.a,i ,f thar fact ms ,ynrld have raised
,.....--ffy for 4 Charge on this phase of the
,... hi mis- was not done and there
1.- no error of the court in failing to
A4rrad DAVIDSON. i
wn.wS Cronfn V. the State: from An
t,t,m. Renting room for the purpose of
lu..g. I. The indictment having alleged
,'4r appellant rented rooms for the purpose