The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1894-02-19


not put lhe dictionary to the witness. We
think the question a proper one. The
court charged the jury verbally. Appel
Ian, objected This The court has no right
to uo. Tine charge was also upon The
weight OF the testimony. Reversed. Opin-
4un by Slmklns. y.
Frank Borchcs from Donley. Appellant
moved 10 quush the indictment because u
did no, aNege the purpose for which the
election was being held There IS nothing
ip the objection The ohjec. and purpose
of holding tine election was sufficiently
alleged The testimony IS sufficient At
HrmcI Opinion by smidns, j.
j. e. white. from Dallas. The indlct-
mcnt alleges the ownership and possession
of the property at the time 1t was taken
to De iu +. c. bledsoe. The court
charged alone as to such ownership aVd
possession W, think the evidence clear
ly shows that one Little had the possess
sion, care and management OF the proper
ty nj the time IL was stolen, hence the
requestgd charge to that effect should
have been given There was no error ia
refusing to submit the issue whether the
property was all taken at once, and
whether betting of the value of $50 was
taken at any one time We can see no
suggestion Ia the testimony that appel
liant took less than S2O worth of betting
at one tune. Reversed, opinion by Sim
hus j.
s. j.. Hall, from Greer The complaint
upon which the information is predicated
states that the auIaut has good reason
to believe. and does believe the defend
ant committed The onenso charged 1t is
urged that this does not sufficiently charge
that AN odcuse has been committed. The
point is not web taken. In repeating the
name of George Names, the name George
rs written GcQrg, emitting the final
letter sc" from the termination OF the
name and this is made the ground OF the
motion to quash. The court lid not err
iu overrulns the motion. The names are
idem souams. Affirmed. opinion by Da-
WILSON, j.
VIM. Mennsco, from Douley; conviction
for abusive 4augmEe. The Indictment
omitted the statutory expression. Con
corning HIM" and motion IN arrest Of
Judgment was made on that account BY
she avc1nents IL is charged that the lam
yuege was used, in the presence. hearing
and To the said Furon. This is sufficient
Affirmed. Opinion by Davidson, j,
j. A. Kirksey. from Callahan, Appellant
4 complains ihal I'D" county attorney u9eu
ee'lsil remains .,n,"nI ~ ir' "I ,ta
the i"lufr ol H'Ith''hl 10 ''sliy ~ ms
own oeaatL ihis U.s. 1eh'rn py '''@' 'l'l w.
ana tAo court cgrt'e7 ina' ne ht"I ~"
such argument II should bc made 10 APP
/ pear dcnn.teN ana certain mat matters
complained oI boz pllE "I exception "'iu."-
. iy occurred in order 10 authorize ih'' re-
view on appeal Affirmed opinion by
1 Davidson, d.
WIN Hyatt, from MONTGOMERY; conNe-
ton for horse theft inc charge iHNY SUD-
mitted the law portal ming TO me eNpI'n"-
tian given by defendant OF his possession
Of the alleged stolen horse, and docs NOT
exclude from the jury the reasonao.ene-s
of SUCH explanation nor does N impose
upon defendant the burden of proof in
. this connection. The court d'd not err 'h
refusing 70 submit the issue of voluntary
return of the property The facts dl mot
authorize such an Instruction The cyi-
lenco does not suggest the rheo-" hat '"-
PENDANT took The horse for temporary use.
hence the c1ur, did not err lu refusing
10 charge the law ON such an issue. Az