The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1895-12-20
HIGHEST CRIMINAL COURT.
Opinions Handed Down at the Last
Sitting of the Tribunal.
A FAILURE TO SIGN THE MINUTES
By a Judge VIII Not Invaiidate IA Judg.
ment-Gresr County Part OF tho
State of Texas,

ment-Greer County Fart OF tho
State of Texas,
Tyler. Texas. December 1s.-Following
ara syropses of the opinions handed down
1t today's sitting of the court Of criminal
appeals Hurt. p. j.; Henderson and pa-
wilson. A j.:
CHARLIE BLACKSHFAR, from Leon:
conviction for arson; given five years
Affirmed.
There is no statement OF facts in the
record that can be considered, because
filed 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 remanded.
The evidence is not sufficient to show a
specific intent to kill.
opinion by Davidson. j.
HURLEY. from McLennan; conviction for
burglary-Affirmed.
Held. failure of the Judge to approve
and sign the minutes of his court will
not lnvalidate judgment entered during
that term.
| No error to permit a witness under con-
viction for a felony who had not been
sentenced. The ownership was alleged in
Tlaber alone. and the proof supported this
allegation. The court correctly refused
M am ace,,ittni becanse the Stnt. faaiad
to prove the non-consent OF Sanders SAN
iers being me owner Of an Interest In the
tbSreor S''N7' Jul NV III '''e posS'sS''''
! rhe court did not err in refusing special
charEe ASKED because given IN the main
SnS t., ,, r,,,.tnsor
DUKE. from Shelby; conviction for an
atI, n,eIe Non ffiy,,sa al
a'"i' ma" ~" d Il, '"'''
| lnere was no error IN permitting tne
prosecuting attorney to state the means
| ,,sod IN ,naktnc II Tho state WINS nor
! HS'u III HaN'"s H. me State was par
nltted to prove by several witnesses that
/ Immediately after the assault the prose-
-,,tr,v sto+ad tho, tbo anne,,art ,,,d s,,
| "{Jn a,r "a "a it hSld 20 oe res gest,ae arr
9dT e'uet va Iat's oi '''s case
| p,,i,. fiIuet &c, I ~ t SuI.iu,'ht'
'li''io" ny DaN'"Son' D.
,c>.r,e . ,,..,,....
"jd-L "a JOS uS ron WhlHcr' cohVic
b"l' io1 tHF4is'a"S iltcI-- ann HIeu'
The only questions raised by thu evidence
cida and thase We're clearly nrnsonted in
I the charge. Therefore there was nothing
in the charge on seif-defense calculated
10 on i;JGre i t,' t aippSSaant;
O'''''0' ~ -o'''
ADAMS from, Greer. conviction for nun
! der and given ninetv-nine yearsr-A firm
W.
rms court takes JudiclaI cosnizance that
| Greer county Is part Of this State on n
| plea to the jurisdiction was properly over
ruled.
The bin of exceptions taken to the action
of the court refusing a change OF venue
is not such as VIII be considered by this
court. because 1t does not contain the owl
dence for and ,coi,s, s,fd ,,,o,;o,,
All of the requested instructions have
neen carefully considered ana we believe
mat the charge a. given applied the law
&c eVeiy phase o. the case presented by
me eV!lencc. IheIe vas no error IN the
rman"e' Oh hVtninC nlhs inc Jurors as ta!,s-
tSlS OF tne sptTiAl Veh!rS on SStufGay,
Shii case was Gailsa tor triai on MONDAY
ntld 10 DC SutucleIt. lnere was no error
N refusing to allow The witness ByssIs
Lewis. the said Or. Lewis being present
an9 Iest y, M =. ne giVing or me note
t ne lu iT e''0' III '''s " 10 30 oeio'e
Opinion by Hurt. p. j.
Drcr-eo>- &c., -.
e linz Iopnr Uthot f ed
The question presented is the euf6ciencv
Of the evidence and nc tbera &c M st.te.
-. "''r 90 ''s'0 10 '' s'aD
.ile ny, 81 tl!t Idcls m mo record we can
ny TeNise lniS question
Np''ioh oy henderson, j.
- -, ~ wv iItrr's conN'rtlon ror . =
agsraNateo assault ana battery fine $500
anu S'N months N 9a,i-~Athrm-a'
arpravatjon. riret Tho, ,ha ,ssa,,i, ,,,os
maze win a deadly weapon; second, that
serious bodily injury was inflicted Held
that the proof was mt sufacient IN chow
49, 49,, ~ NV S"'"e',n' " sHo"
h htv' w Ptsito' useu Was deadiy weapon
~ W. t.'hk Ine evidence is sufficient 10
fiicted. 'o'''y INJURY was III
because no bill of exceptions were re-
ssu is,n1e9 70 ,ne ACTON OF the court in re,
Of the mental condition Of tho defendant
this matter will not be revised; also, that
the sauna Ui Ppat Llenl was WITHIN
, We do not md that tha court ab,isad u ~
III $50 NS-'N '@NSS~' 80