Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-12-21

At todsy's sitting ot the court OF criminal |
appeals. Hurt, p. j.; Henderson and pa.
vdson, a. j..
caARiLIE ILAcksHFAH. from Leon;
| T,nVlctl2n Tor arson; given i've years
There Is no statement OF facts IN the
record that can be considered, because
flied after adjournment OF the court with
out an order for that purpose. No error.
Opinion by Davidson. j.
PATRICK, from Liberty; conviction for
assault TO murder. given two years
| Reversed and remandcd.
The evidence Is not sufficient to show q
fpceinc intent TO kll.
Opinion by Davidson. J.
HURLEY. from MeLennan; conviction for
burslary-Afnrmod.
Held, failure OF the Judge to approve
ana sign the minutes OF his court will
not inyalidate Il Judgment entered during
that term.
No error TO permit n witness under con-
viction for a felony who had not been
sentenced. The ownership was alleged In
Haber alone. and the proof supported this
allegation. The court correctly refused
appellants requested Instructions requir-
ing nm acquttal. because tho state tallea
| 70 prove Alt' hOu-tuuftnt oil Sanders. Sam
ierH being The owner o. an interest IN the
thereof
The court did not err In refusing spcclai
charge asked, because given Ia the main
charge.
ophion by Davidson. j.
DUKE from Shelby; conviction for nm
! Ug raVnttd assault and battery hy an
adult male upon femulc-Afarnied.
There was no error In permitting tho
prosecuting attorney 10 state the means
used In mnlIng IT, The State was per-
mitted 10 prove by several witnesses that
Immediately after the assault the prose-
cutrlX stated tina, the appellant aud an
other dId H. Hold to be res rcstae ari
sdmissahle under The facts OF thls case.
The evidence rs sufficient.
opluion by Davidson, J.
WILLIAM JoNus from WALKER; convic.
tion for Observation-Disclosures,
Tho only questions raised by the evidence
were mlnsnughter and accidental homi.
eide, ana those were clearly presented In
the charge Therefore there was nothing
opinion by Henderson, ].
ADAMS, from Greer. conviction for mur-
der and given nlnety-nine years-Afhrni-
cd.
This court tal,os judicial eoenizance that
Greer county ls part Of this state on a
plen 10 the Jurisdiction was properly over
ruled.
the bill OF exceptions tal,on 70 the action
Of the court refusing n change OF venue
lr no, such as Will be considered by this
court. because 1t does net contain the evil
dcuce Tor and against said motion.
Al Of the requested distractions havo
hten carefully considered and wo bal'eNO
That the chnrgc AZ given applied the law
20 every phase Of the case pre7ented by
the evidence. There was no error IN the
manner OF Gummcuins the Jurors rs tnlea-
mou. Appellant was served with Il rIe
eopy OF the special venlre on saturday,
b refusing TO allow the witness .Bysta
Lewis. tho snid Dr. Lewis being prosen Mt
ana tostfying The giving OF the note
,, was no error In allowing II TO so before
Opinion by Hurt p. j.
F., DICKSON. from Hnrrls; conviction Tor
cling liquor without a llcease-Affrmed
The question presented Ia the sufnciency
OF the eyldenCc, nnd as there Is no state
ment of the facts in tho record. we can
not fovlse this question,
opinion by Henderson, j.
a FRANCH. from Hurris' conviction Cor ~
J aggravated assault and battery; lne $50
b Nul flA months m lhii-aAAHftil"As
Q The Indictment contains two grounds oil
q, aggravatlon: First. that tho assault wal
4 made with a deadly weapon; second, tina
+ serious bodily injury was inflicted. Held
, that the proof was not sufficient TO show
that the pistol used was deadly weapon
but Wo think the evidence T. sufficient Z,
z show that serious bodily injury was in
g Because no bin OF exceptions were re
| served to the action Of the court IN re
= fusing to postpone the case on nccoun
OF the mental condition Of the defendant
: this mntter will not be revised; also. tina
= the matter Of postponcment was within
!. the sound discretion OF the trial court, am
(, We do not ma that 'He court apussu u
y opinion by Hurt, p. J.
= TIGERMA. from Webb conviction 70
THEFT or cattle and given two years
y AFFIRMED
a The indictment in this case was In tw,
q counts. Tho evidence tended to SHOW
z ordinary theft. but the court charged upoi
Q article 40 In addition to charge upoi
q ordinary theft Of cattle. The cnarge o
1 was correct and the defendant was con
q yicted N that oifcise. tho charge undo
Il article 49, although erroneous, could hay
"a Ind no influence on the Jury IN their hnd
j lings ns TO the first count
q There Is no error In the charge OF IN
!. court on aibi, nor IN refusing 70 give "
~ FpEolil ClAlhN HHAN'N ~ 'ffNa'+''N 49, -''.-
= opinion by Henderson, ].
b" FIX PARlE J. II. RAcHFoRD. from JET
ferson.
In same condition as George Maion
10 case.
q Opinion by Hurt p. ].
- Henderson, j.. dlssents.
!. TX PARTE GEORGE MALONE. iron
n collin; appellant wss arrested for a VIA
latiOn Of the local option law ana re
la sorted TO haheaP corpus for hif dlscnarg
:, ans unon hearing was reinanded TO ciiA
d toIV- Rehearlug oVerruled.
II The Judgment was affirmed at the Aui
tin Term OF this court. This was ia cen
sequence Of the fact that we then hti
"a that W. could not consider the a,ntemen
, Of facts. VI appears from the record tbs
!, this cause was tried before the Judge ]
n cbar,bers and that ne caused all ~
q nroeeedincs 10 be reduced to writing. m
Il lfer,lnpd 10 same. 'oiig wing article ~ Coz
., lcrit,iinni Procedure. Tho proceedings cor
taineI The statrmtn mt " ftcts, or the efl
d,nre received Vi on the TRIAL.
,cfs question bt tore us Is thlHi can M
40 leourt consider the testimony coptnlned !
y Inc protcedings, which procecdinga nav
le t,Ss, nroperiy authenticated by the fldg
-. fte Il