Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-05-22
CRIMINAL APPEALS.
Decisions Rendered by the Court al Austin
Saturday


Apstln. Tex May 2i.-lSprciai l-Iho
court o. crim!nal appeals decided the tol'
loving eases May 20 - or...,.,
Assault with intent 10 rape. The testimony
relied uplu for new trial was nov HuuW
irut There was M riruf hnd the JuubIl'N
is affirmed. opinion by Davidson A D.
Rem Dlrkstn VIZ. me STATE, from Wnshlng
tons assault TO murder. Tue facts ~ ms
Gaze do not show ANYTHING ,wsrtlnlhE y
not an Issue. There was no reytlNplG error
eoinpialned Of aud the judgment Is uilrheu'
Opinion by Davidson, A, j.
Trimble W. the state from Wchh
II Is moi known that any fecngulhahce wa.
entered Into by the defendant, nor ~ ~
shown hat he was confined Ia jail peuuinE
fhe appeal The appeal IA therefore dis
missed. Opinion by Davidson A. ~
Thor,na McDmgnll Va. the state from
Kerr Appeal froni the county court Atler
conviction IN the justices court tue ue-
PENDANT sought to prosecute his nppNnl 10
the county court but because 'he ual i w
did not show that notice VI appeal WIS
not given IN the former eonti u was us.
missed, In support " motion Tor a new
trial the defendant offered 20 prove mat ne
did give p0tlCc ~ appeal bat that y was
not entered. The evidence was rejected
The ruling was corrtat, The notice OF M
peal must be given "ahd the Justice sllhll
enter such uodo eupon HE docket ttudr
cfin. pros art. tW; Hail vs.. state, ~ y
". Rep 8gi,l The Judgment Is affirmed
Opinion by Davidson A. j.
Chas. Norris vs., the state, FROM Colorado
murder. Application for continuance was
sought for the purpose Of; proving crrtnn
thrints aguit II defendant by the deceased
aud that WHEN tho defendant shot deceased
the latter was In tile act uf carrying uul
the threats made ON the previous Jay u
was proY4u that these Witnesses were not
present nt the killing aud n u not probable
that thulr tosirnhy would have beer, true,
" WIS also shown that tue icceaah YVES
uuarincl nt the time be was shot. me Nrr'
diet which ~ hyv years In the poniten-
tlnry. II mlli under the facts pruyru The
judgment Is affirmed. opinion by Davidson,
A. ],
Tommy Alderman W.. the state from In
SallN thrf THE record does NOT show
that srntrure huH hevu pronounced IA thu
ifial court IN All eases except where the
death pyuuiy IL Imposed. this Is necessary,
THE appeal Il dismdsscd, opinion by David
son, A, j.
Hail Moore vs. state, frum nlanco. unlaw.
mlly carrying pistol The tegugultnuge cites
lhv court VI appeals and y therefore ucicrl-
by elnpknH, A, j.
w. H. strong vs. the State. from Nolnu
passing forged instrument II N compliance
That the melton tn iuash the Indictment
ought tu have husn sustained because u
alleged the Instrument To be- forged. aud II
iniy knew that the Endorsement was forged
rhis was not errur. II the name VI thi
,lyee had hrrn genuine The NOTE would INV
prpn negotiable amt heiug forged. II wa
such an alteration " the Instrument as q
make n forgery. The appellant complain
lint The rourt erred Va permitting the wit
ness to prove that appellant had cmheazl~
other hiAds and hud rolftesrd the fac
when charged In the snno conversation II
Yldch he hdulttcd that he had signed ltt,y
dUs name aud obtained tho money on IN
llawllnH' check We de- not see why this tea
ilmnuy WIS NOT admissible A. throwing High
nipn gnod faith NJ defense In this Gus,
l9ie appellant elaiua thai the couit rrre
IN not limiting IN the charge The erect q
this evidence. There was M exception tai
IN 10 the Charge ou thlA account uur wa
there any such ground sut up Ia the mutio
Tor new trial, THIS doctriue has been ad
tered 10 by many courts; hut n there
no;htng to Indicate that the Jury was u
property mislead, this court VIII not in III
absence of requested instructiOn or n fallur
10 except rnvcfHr the vnse, deeper "
Powell, ease ~ g App There was n
possibility " his being convicted Of en-
beIzlemcnt, aud we cannot Hvo any pOssihl
injury IN the failure go limit thu eifrot
Opinion by Simpkins A. T. Hurt, Il, j
agrees to the conclusion, but does not THU
lhe evidence admissible.
George TrAwick VI. the State, from Su
loni unlawmlly carrying pistol m
nurt cannot revise an error 81 tho TIA
ourt unless 4 Is brought before Il Ivy nj
exception duly reserved during the tria