Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-01-25
rehearing submitted--s Solomon Rodgers.
from Navarro.
syuopscs of Dccisions.

rehearing submitted--solomon Rodgers
from Navarro.
synopscs OF Decisions.
John Josef. from Hunt-Conviction
FOR murder In the SECOND degree. The
statement OF facts cannot be considered
because filed after adjournment and no
authority to so file them appears IN
the record. The action of the court IN
admitting and rejecting testimony can
not be revised In the absence OF facts.
In regard % the admission or evil
dence OF the acts and conduct OF APP
reliant after arrest the trial judge
states the defendant was not under
arrest Affirmed. Hurt, =. j.
NJ. NJ. Scott, from San Saba--Convic-
ton for perjury. Appellant was indlct-
ed for theft of two yearllngs The PROOF
in that case showed that the animals
were seen In Cravey's pasture ana
were taken from Cravey's pasture to
appellants place and there branded.
Ifpon the trial for theft appellant test
flied In his own behalf that he placed
the brand on the cattle at the same
time he placed the other brand on
them and that the brand was not on
the cattle when they were In Cravey's
pasture This is assigned for perjury
and alleged to be material Motion
to uuash Indictment was properly over
ruled because It is not necessary Tor
the Indictment to show how the state
ment was material. The charge Is cor
rect Affirmed. Hurt, Il. j.
Robert Walden, from Dallas-ConVic-
ton for aggravated assault and bat
terry. The court charged the jury on
the theory OF mutual combat rms
charge was erroneous under the facts
and was promptly excepted to at the
time. Reversed. Hurt, =. j.
Joe Mckinney, from Tarrant-Ihe
sole question IS the sutllcicncy Of the
evidence. The evidence is amply sur
ncient Affirmed. Davidson, ].
Rudolph Kuhn, from Tarrant-Con-
viction for selling liquor TO minor, The
court properly instructed the jury that
Il devolvcd upon appellant to prove
that he had the written consent OF the
parents to make the sale. This he fall
ed TO do. Affirmed, Davidson, j.
Eek Parte F. %. Sargent from Tar
rant-Appeal from a refusal Of hail for
murder We deem It improper to dis
cuss the facts, but are Of the opinion
that appellant is entitled 10 bail Judg-
ment reversed and bail granted In the
sum Of $4,000. Davidson, j.
Dick Edwards, from Grayson-ConVlc-
tion for murder. The facts were
stricken out upon motion of the state
ON a former day OF this term. There are
no bills Of exception In the record. The
indictment and charges are sufficient.
Affirmed, Davidson, j.
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