Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-11-30

she wanted anything, as he WIS az.
town, upon which she said MOI. 87,.g {
came back that evening and br1'Ia,it' ''-ll'
children some candy. She prepsrtI - .at
! for him. and said nothing To L,r as DC:
| that night She told her husb3rI - -.
night to discharge appellant. yy.ii.F -;
| AT the time OF the rape. r..--f...
working on top of u barn, 2DJ warn, :
| Held: The evidence does not sf.r,-.'-.---
! verdict and Judgment Reversa. ..
manded. White, p. j, =
/ Foster Crane vs.. the State. from P,
| kins. Conviction for SANDER. H.N
! of SANDER our statute provides mr. --s-'
| PENDANT may in justification sna.e -t.'. =
| of the imputation and the s-.ar-. IA
| ton for chastity of the ftua, ..-.. 80
| slandered may be inquired lift. D. q
/ - App. 236). ;. The pro>rcltr. III .7;
| resided i'll Hopkins COUNTY .r... -
| months prior 10 the prescott Z
| case, having formerly lived ia Dir
| Held: Under These circum>,-. -
| error for the court 10 re54~a - 5
| appellant to prove that her GENES. --.
ton for chastity was bad. j. TIL.
where she formerly resided ]. .-. j.
! tatiou for chastity was bad IN. 1871. .
acq4it IL App. ass; 10 App. 2.u. H....
here expressed do not conflict v1... ,,.-s
son vs.. State az App. 45,I. I....
remauded. White, p. !. 81
Charley Taiel VS.. thc STATE. firm. .-...
son. Selling liquor 10 a M.u...
twelve years Of age was sent b.. l., -.-
for whisky and purchase ,t.a.. f-.. .".
liant and paid for it. The w.---- ,-
the father and the father Receive. ;.
The facts sustain the conviction ..
bal order given the boy by tl.t.. ...
avail appellant. Under oars-.-.-. ..
circumstances can minor r..-....-.,-, -
without the written I u-au' Of lis ..- a.,
or guardian. ~ Ark, l,..a, A.. .s..
Iowa, So; ;i3 Ind, 400; - lut. ..-- IS.
| l6; 81 \. c., 1872; IL Am. ~ I.l- l. -,
| p. 200: 103 and notes. Afiwrf. u
J. Hurt, j., diSSeuJS a4I ha.s t.... 49,
| father sent the boy for whisky f.--.. -
-ner the appellant stands --..., OFF IL. 4,
| Tense.
II. NJ Clark VS.. theS t4-c. tt... I.-..
| Horse theft. l. The court erred d. ...r=..
| the following charge. If you sa..f H.
lieve from the evidence that 'le ,s.-g...
| John Camp, Is an aCcomplice. as e.. .......,
! plice. is defined herein. ia IN ttr,-.- ..s..,
| you can convict the defendant. son ms
believe that said witness has be rr.-
| Grated, and if the facts and ,rcum.-..-.,
in evidence taken together leave .u. v-b
| reasonable DOUBT as 10 tn -4l.t Of ..-.-..
ant. you will return u verde. a. -..
| otherwise, not guilty" The assistant n.
| tOrney-general comedies error . HI.
dence to the effect that appellant Wen %
\. p. Camp, the father " John
Camp, the accOmpice. aud tried q,
induce the latter to leave the rlu.-r.. s.-
ing thar if this was HOT done. -h.. .5.,
pending would be serious one. is ru. ST.
ticieut confederation of the ac,suu.., us.
timOny to support Il conviction. F.ycrseI
and remanded. Hurt, j.
Ex-parte F. n Robertson: from ELI,
/. Relator was charged with kycui Sta.
lion for breeding purposes within tHr cor.
poi tie limits of the city Of Elm. s.lur be-.
ing in violation of Il city ogGlaJ. e. Ues.
The keeping of a stallion Tor b-. linz u.--
poses is not only not in CONFIRMATION " -at
laws and purposes of this state. bu- Is
right which every citizen of the ,tatrps.
| sesseS under our laws. and whilst such TT.
CEpation is not licensed or taxed by rArses,
provision of our statutes lien is given :.
the owner or keeper Of stallion, .,.,E0-
bull on the progeny to secure the VayMel.
| for the service of such animal. Tho tee.-
ing of stallion in town or elsewhere 5
not per Sc q nuisance. The fact that pa.
| ticular use of property IS declared 10 be
nuisance by ordinance does not make i
SUCH A nuisance, to be public nuisance.
must be in public place. or where Tie pIg-
lie are likely to come within range Offs
innuence. The facts snow that the Stallion
was kept in a closed stable and that L) one
passing by the stable could see iu same "
tell what was going on therein, While the
nearest residence was 100 yards distant.
The ordinance is illegal, invalid anu il.
| authorized. Reversed and dismissed
White, =. j.
Charly Lopez vs.. the State; from Cad
we'll Rape. l. The evidence clearly sho":
that the prosecutriX is insane. In testing
her as to her -auity in answer to Questions
she stated that swearing in court was 70
speak against the truth, and that Il she
was to swear falsely against Lopez Sic
would go to Heaven and sing praises Tor
ever more" also that she lid not klJ"
what dav the 4th of July came on, nor Go0t
Friday, Christmas, etc; anu that she va.
born in the year 81 and that her husband
was a lawyer, doctor and preacher, o4'
that ''preaching WIS not part OF MS cJHS''
tution.'' She further stated that She "as
"a Catholic Baptist and had seen clldrea
all the same size, some being IN lexis d-i
some in the Red sea- When appellant WI
pointed out she said she mai never seen hin
before, and afterwards claimed 10 rec]'-
nize him as the man who raped her. sld
also stated that there were ''GloulV" MtA-
leans in Caldwell county and that the wL-''
people are all turning to MrNlcdhs. ana
that she had talked to n billion paope
about this case'' and that she 'Cdme Iei;
from the Red sea-" Held: Under tie pam,
unambiguouS and imperative lausLase q
our statute we are compelled 10 hold Una.
''insane persons who are in an insane coA-
dition of mind at the time when taey arr
offered as witnesses, or who were IN Iua;
condition when the events happened u
which they are called to testify, are ~
tally incompetent and inadmisSiD-e as WI
ness.s. &c. G.. p. Art. 40, suodlT.'loh
and 2 The court erred IN admitting .Aa
testimony of the prosecutriH. Ee'ers'-
and remanded. White, Z. j.
All Lopez rs. the State; from lcEte.,
Motion to dismiss appeal. !. MS '-'3
originated in Justices court, and the 1PIyi
was dismissed in the county court l"'
Judgment recited that the cause "l' as
missed and adiudged fine and costs a'-.-,'
appellant, but did not commit nm 70 ~.
until same was paid. Held; mere .
final judgment. The judgment OF d'9iAl''--
finally disposed of the cause. O'eII-'''
Per curtain.
Monroe Showers vs.. the State; HON
Nacogdoches. Assault to rape. J. J ha ~
dictment is good and sets forth the cAAL.'
in proper form. The charge Is cJtI1G.i
Brown VS.. State, y APP. . So
charges were properly refused. BIZ o.! gA
ception reserved TO admission Of 'As -,