Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-06-12
rAs AleHFR COURTS.

w. l., Davidson aud u. j. Simldns,
iudgep. x !. Henry, assistant attorney
general sitilns ~ Auatlnl
Austin. Texas, June ie.-.-'rne court Of
criminal appeals decided the following
ceses yes,erday;
waikcr Hargrove VI the State. from
rarrani; convicted OF murder when
defendant on The witness stand Is qncs.
TONED ~ 10 former convictions. the
ehatse % The court must limit the eject
~ sueh EVIDENCE 90 The question ot credl'
whether requested or not. and " u mot
eu,neicnt y make an oral statement 20
thnt end, but Y must b, part OF the
Tor new triI h based "S upon the mise s'S'
due, OF the jury, towli. Certain state
inena made ~ some q The Jury ~ the
lns afildavita simply donisd that uueh
statements worc mfdc. 80 FAR aa tho
Jurors KNEW the afadeyl,s " the iurqrp
NNoccd 10 lave heard and been In.
nnVnoed by thu statements should have
been produced denying Tueh rtatompnla
ana huch Influence The alleged state
meats ehatEed the ilarkrovcs With being
icndant ~ boing q hardened criminal.
hnyin. Killed several men, and after the
low punishment. voted Tor twenty 1.-Two
NcAfH' imprisonment There was no err
~, m proving BY appellant that he Killed
the resgcstae, noferdhni'r tai,lnk the
stand removed the constitutlnnai pririlcre
~ 10 the catlre transaction and must
tcninnt an a witneaa that he had been
| tried for murder though he was aOduitteA
ihsieiar While u "A true that homo.
eide dinga from theft aud crimcs q
aud vet pe worthy of credit, yet the fact
oi eolng chArgsd With crime 70 competent
evidence 10 reject upon character The
presumption OF Innocence appuca only
when ono " on TRIAL for the ofrcnae IT.
helt The state does not proved upon
such a proaumpuQn "a reuuirlnH bondp
Or imprisonment Of the person ch y gtd
70 aecufu hts appearances nor ahnuld
such presumption attend one who takes
NE Or liberty of another There Is strong
/ force In the crticiHm made BY able couu,
e, on tho charge There was ne eyl-
that thc elior ilargropo fired thV nrHt
ghot, Not only y i Questionable whether
10 made The nrsl movement 90 draw
ion before be could draw, AKain the
manner The theory OF ,be "l State, with, While
/ negative. lurtice TO appellant required
| thai the ohAlft should clearly have
stated that unless the evidence natihned
them beyond d reasonable doubt there
was AZ aErocmpnt between the HarEroycH
| to XIII Spear Or no was killed In mutual
ogmnnt entered into BY all parties, the jury
\ father AMI brother began the dlfnpulty
and appellant knew n when he entered
| the conflict Reversed and romandcd
Opinion by simkins' j.
Thomas ccndn W. tho State. from Con.
znlee} oonvictrd " theft ACKNOWLEDGMENT al.
leged the name q the owncr ~ the stolen
animal 20 be ~. Cortez." The Issue A.
70 whether Felipe, The Mexican name.
and whcthor there WAS Il variance when
| the Mexican whore name was Folipe
WAS described ~ the Indictment ~ Phli-
lp was s19p,,ted '9 he Jury rms was
| The witness stand he ie Ia the came 20.
| hltien as other Witnesses aud Whist no
arrem may be brouEht Out To- impsseh
| MIN; what No says under such oifoum.
etance5 q not q eonfgssloni The court
court refused 20 charge regarding The
| taking VI property With intent 10 use
A. temnqrarif The hay applicable 70
the ialing With knowledge and consent
% owner was giyon. Under The facts
| this was sufucicnt The Judgment IL
Affirmed, opinion by Hurt. y, D.
Fred Fowiea vs.. the state. from CLAY,
convicted for thoft The aiorehuuac of
siaShksrg 4 60. Was q siroyei by IRE
stole the Goods from house Il which
| those g1odA We're removed, whiln the
aefcndant claims that like oihnra he
| WAS taking the goods from the nro. The
court CHARGED upon fraudulent taking
without the conaeht Of the owner De.
fendsn' requegi,i the. flllowing uharss;
by defendant came into hla pusrrasion
with iDo ckprere or implied consent OF
yon are nssrneted mai .ush , sssn..
ilon was lawful In he case Of ones
vaysIbie s esf5r " me so,eeio1 WY ehnr "a
would have cured the error and
| should have been Hiven. Reversed
ana remanded. opinion by Hurt r, !.