Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-02-01
DALLAS CRIMINAL APPEALS.

''l'NlNA lflHl'hlNHs
Dallas, Tex, Jan 81 The court Of
criminal appeals handed down the fol.
lowing opinions today:
Edward Swink from Dallas county:
reversed and rcmauded.
lsam Ellis, from Ialls county; af-
ulnntd' Ems was gwen thirty years for
rlpr.
Albert Dodson, from IAano county; re-
Yer'rd and rcmanded.
The Walker llargrove case, FROM Tar
rant county, was argued today, Judge
Henry Furman appearing for nargroyc.
sam Stennctt from Grnyson- Con
Ncilon for burglary, with intent 20 muir.
der The indictment is sufficient, In the
absence of a statement OF fact. we can
NOT say that there j. any error In the
eharse on simple and aggravated as
sau'l nor was II error to omit the dcfni-
ton OF murder in the second degree II
was sufficient to define murder and ma
lice, without defining both degrees of
murlcr. Affirmed. Davidson. j.
Mack Anderson, from Fort Bond-C OH
ylcdOn for murder in the first degree.
Ihe Judgment fails TO show that a jury
was selected empanellcd anil sworn In
TIE case This Is one of the statutory
requisites of iugdmcnts Of felonies in this
state. Reversed. Davidson, j.
Emell Lewallen, from Hill.-C Conviction
for aggraNated assault siE61et tcry: The
application for contiNN states only
a conclusion of the pleadcr, and the facts
are not properly proved. The verdict
which ends defendant guilty OF an ''agi.
waited assault, clearly conveyed the in.
tenton Of the jury 10 convict defendant
ot aggravated assault. The evidence is
sufficient 10 support the verdict. AZ
hrncd Davidson. j
Walter Fields. from Fannin- Conviction
for burglary, with intent TO commit rape:
aaaan. g IL a. -
assaulted party Is that defendant came
10 the window of the room occupied by
herself and lady friend. raised The
window, pushed aside a screen, thrust
his arm through the aperture thus made,
touched tho left side of the face with
the ends Of his fingers, she screamed. and
he ran away. IL was night The touch
awakened her. \ lady friend was sleep
ing with her The sheriff and other
officers testified for the slate that lie.
fCndant stated TO them that he went
to the room OF Miss lierz. thinking he
could have intercourse with her; that
he raised the window, pushed away the
screen and touched her fnce with his
hand; that he thought rs She had been
kind to him she would probably consent
TO his desires, that he had "hitched her
horse to her buggy for her on az least
one octasion: She screamed and | ram
| Defendants testimony was in substance,
as he stated 10 the officers. He further
| testified that he was not aware that
Miss Hcrl had anybody with her,
thar he wanted 20 have inter
couivc with her Int did not 80 there
with intent TO force her, 1t was also
shown that defendant was Of weak mental
coutitiOn but knew 1t was wrong TO com
init rape. IL Was also testified that he
| was about 10 years Of age, while he
stated his age TO be IL. This evidence Is
insufficient 10 prove an intent 90 COMM,
rape, The evidence does not show that
ne intended 70 use such force as would
reaSonaMy overcome al resistance to
/ his advances. lie rather anticipated con
sent. Under the terms Of the statute
and the well settled laws Of the state,
/ tAc evidence does not support the judg,
| ment. Judgment reversed. Davidson, j.;
/ Hurt, l.. j., concurring; SimkiRs, ]
| Discerning
George lxellum. from McI.ennan- on.
J yic,ion for murder, and his punishment
4 hsli al death; When IN, ease was
I rglllA fi- trial appellant moved 10 quasi
De seaire a.causr The copy served iinon
! him omitted the names o. seven yenire