Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-05-26
THE HIGHER COURTS.

Court of Criminal Appeals.
N. Hurt. presiding Judge; w. L.
Davidson and Il, j. Simkins. assooi-
te ju3ges; Pete Walton, clerk Austr
term.
jim Wood. from Houston: theft. De-
'shdant offered to prove that Bryant
md Runnels, after the sale of the
STOLEN cotton, and before the parties
we're arrested, said the defendant had
interest In the money realized from
ne sale. This was offered TO corrob-
lxie the statement of defendant that
had collected Il from them on a
Eeot AS set forth II was hearsay and
iaomlsslble, II Is deemed unnecessary
review the evidence. Under the
Hmlth case (2l App. 1919 and the de-
SONS following and supporting that
tse The Judgment must be affirmed.
F Ipnion by Davidson, J..
antonio de las Santos, from Webb;
.tle theft. The charge upon circum-
Antlal evidence was the approved
wa and every right OF the ACCUSED
Is guarded by the court with unusual
~ The law applicable 10 every
asse OF the evidence was embodied in
IL insuucuons. The testimony sup
Davidson. ].
VIII Blanion. from Hood. The evil
we Is direct and positive as to the
.Ahg~defendant himself so testifylng
sna there was no error in emitting to
arg upon circumstantial evidence.
me time OF branding the calf de-
.aaant claimed 1t for his grandfather.
y aiterward gave other accounts of
taking possession and control OF
animal. The court charged as to
.saeants right to use the animal and
" eehet In that regard. as well as his
amnatlon OF his possession. The jury
lurlher told that the state was not
Ssneu 70 dlsproVe these claims by
4N and positive evidence, but could
KY py any sufficient to satisfy your
aus mat II was false" This was
Affirmed. Opinion by Dav-
ION Mcdaniel, from Bosque; carry
PISTOL Defendant had occasion
~ seventy miles from his home in
il county to Meridian in Bosque
snW, He travelled horseback to Nor
"a nhere he secured a team, buggy
Inyer and continued his Journey
r.ialan, On his return he took
s,assn .t9l from under tho seat, fired and
- H. He was travelling the road
Ky time. Appellant was a traveller
I'm me meaning OF the statute. That
rass u the pistol along or across the
d is ROAD. or that thereby he created
,i,aa.Ipance Of the peace. would not
r,r.,si change the fact that he was a
he has been punished for
'he pistol. Reversed and re-
sa. Opinion by Davidson, j.
y. osborn, from Gonzales; unlaw-
Ii1,.arying brass knucks. Special
4, 49, ~ were asked TO the effect that II
sapon Was carried unconscious
k.si. Nllhout criminal Intent. the jury
49, aequit. This is based on the
mat he was too drunk to know
aa H. Such is not the law in
IN :. Inc evidence tends strongly 10
uaat appellant was not too drunk
NM prudent Affirmed. opinion by
mi ~ Reiifert. from Dewitt. The case
r. ESSENTIAL particulars is like that
tFsssig VI. State, decided Saturday.
ar = and remanded. opinion by
<; ~, ,Se,eseow, from Fayette, A part
snsn, ise pretense upon which APP
tn,v - alleged to have obtained the
w, Hoin Dunn. who employed him
Is nus wife, was that appellant
~, enbes Of a medical institute
sslve - Aahtonlo, In which there were
4 l.li a y my sieinns, DR.. Herr being one
R/I|'l lha re-. vas ubs1cluktQ WIN f1eIh
-, slaeuce VI medicine. There was
fiei ~ IN permitting Herr 10 testify
E.rl.s, was not associated with de
snrrt. -na that his son was not. The
~ shi, " Inc county attorney wers
M fath ,rpFoper. There is no case u
: sinsa' ,eeuNe abuse OF defendant oS
s4sss enieer is juBtiEasle. The re
T. ~, not excepted to. nor wal
|. tsstto asked to charge in referenc,
~ made a bill was s' tatan I'M 0 IN Il,
N 4, si'enuoif was not called Il
~ isy,,s lime. There Is no grount
lis4 sio,1 II the witness Dunn hut
II perfot,ne On the promise OF cefcndan
En- vo,,. Ssrtaln acts In the futurl
pronssea oe no offense; but wherl
st.snss X : connected with a falls
Y an existing fact and b,