The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-04-17

have pieluulcon the defendant, on the con
trary 1t enlarged his latitude of dcfense,
2 Tho verdict of the jury settles tho
conflict in the evidence against the de.
fendant. Affirmed.
Opinion by henderson, ].
CHARLEY WRIGHT w. THE STATE.
conviction for violation of the loca!
option law. appeal from Erath county,
Reversed and remanded.
Tho Information Is defective In that II
fails to conclude against the peace and
dignity of the state" tArticlc g, sec
ton IL, state Cons'itutlon) Reversed
and remandcd.
opinion by Davidson. J.
HOMER BISHOP vs THE STATE, con
viction for murder I'm the second degree,
appealed from johnson county - AT
flrmed.
l. The matter of allowing Witnesses to
he introduced who were not placed under
the rule. when 1t has been invoked, is
largely in the discretion OF the court, and
unless 1t appears that this discretion has
been abused TO the prejudice of tho ap
ueilant IT docs not constitute reversible
erection appears in the admission of the
testimony OF the witness Dukes.
2 The charge OF the court was cor
rect and thore was no error in the adnlis-
sion of evidence Affirmed
Opinion by Hurt, p. j.
Y ~ tAiAlJfsl 'I''l.ifN VI w. / i1f
STATE, conviction for playing cards In
u public place; appealed from Dallas
county-Roverscd and remandcd.
!. The court erred in admitting evil
dcnca 10 the effect that the defendant
had been convicted of gambling before,
.. The reference to this evidence by
the county attorney in his argument and
the tefutal of the court TO instruct the
jury to disregard the remarks intensified
the error. Reversed and remanded.
opinion by Hurt. y. j.
DEE BURKs VS.. THE STATE. convir-
tion for horse theft, appealed from Mi
lam countv-Afiirmcd.
!. The Indictment charges that the ami
NAL stolen belonged to John Nolan. The
John Nolen. This was not material va
rance.
=. Tho charge of the court was fnll.
clear and correct and the verdict is am
PLY supported by the evidence. Affirmed,
opinion by Hurt, II. j.
CHARLES GoLpsTEIN VS.. the STATE.
conviction for playing cards IN public
place appealed from Dallas county
Affirmed.
The indictment charges that the playing
occurred % In public place--a club room
in tho Oriental hotel. (2) In the private
room of an inn. commonly used for gam
ing. We are of the opinion that either
charge Is sufficient
.. Tho court instructed the jury that
private room becomes a public place when
1t is kept as n common resort for persons
engaged in gaming. Except as applied TO
the rooms of hotel or inn this charge is
wrong.
g. defendant can not complain because
the court did not permit him to prove that
the place at which he played cards was
public,
Ihe s' ha osS @ @Ss' bs on tbs
game There was nothing wrong In this
Affirmed.
opinion by Henderson, j.
HENRY STRICKLAND vs. TIE STATE.
conviction for cattle thoft: appealed
from Hood county-Affrm"d.
l. The ownership and possession of the
calf stolen was alleged to have been in
one Duckett. The evidence showed that
one PAYNE had been feeding the calf Mt
IDucSctt's request. The calf Mt the time
was running on the range. This evidence
did NOT show possession in Payne of the
stolen animal and the court did not err
in refusing to submit such issue to the
jury.
:. The stolen animal was found In de
PENDANTS possession two or three months
after it was missed. The evidence, we
think was sufficient to authorize the
court To charge on recent possession
Affirmed
ELIZABETH PROCTOR VS.. THE
STATE. CONVECTION Tor aduit1rY; ap,
nn r"'' ,. 1,o,'' ,1o'e' 's'''
There was more testimony In this case
10 simmer, Tho charpe Of adultery during
:" 9"tP''t t''' N""'he ~ .,,, 10 ,,,9
the time subsequent 10 the illihs vi 'no
| complaint than anterior To that time. The
court instead Of charging that the Jury
| could convict on this evidence. should
| h,vc chnrrcl' that they could not convict
H., ,its, dafnndant for living in nduliery with
sieve Brown at any time anterior to tho
| fliing of the information. Reversed and
remanded. 49,.
| f'''' ~ -
wM scHwEN vs.: THE STATE, c cow C.
| from I,onlev county-Eeyersed and re-
| handed.
n,,a .,,.. and Declarations of l. a.
schwon and wife were clearly inadmissi-
| lille If there md been conspiracy TO
| stenl the vrarling II was ended Again,
| tnn acts md declarations were not IN fur
| ,he,ance of the common design. They
| were in the nature of confessions Of guilt,
| HeIng admissible no instruction of the
| ''''''1 49, .lo,,. frnr,, such nm