The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-03-27
HIGHER COURTS.
CURT OF CRIMINAL APPEALS.

COURT OF CRIMINAL APPEALS
FRANK WILLIAMS, from Harris; con-
Vlct.on FOR rape, life sentence-Atfirmed.
The court charged the jury that 1.-THE de-
PENDANT Is presumed to be innocent until
his guilt Is established by the evidence
beyond u reasonable doubt" Error is
urged because the word legal as used
in the statute was omitted before the
word evidence" There was no error in
opinion by Hurt, p. j.
ED WHEEER, from Harris. conviction
FOR uurglai'y-Affirmed,
The facts are not before the court
hence the criticism that the court charged
on matters not properly in evidence can
not be considered.
opinion by Davidson, j.
ALDRED GRAYSON. from Freestone.
conviction for assault to murder Az
firmed.
After announcement of ready, the State
was permitted to amend the indictment
SO as TO make It show the organization of
the grand jury at the September term
1875" instead OF at the September term.
ISL as originally written in sad in
diciment. This was formal matter and
subject to the amendment, IL u commended
me charge should nave defined murder.
The court defined assault and malice
aforothought This was sufficient.
opinion by Davidson, j.
BOB LYON. from Baylor; conviction for
theft OF gun--Affirmod,
Appellant excepted to the charge Of the
court BECAUSE It stated the charge against
the appellant without stating his plea
There was no error In this matter. Appel
iaht objected to the charge on accom-
rhce'e testimony. We think the charge
as given Is correct. We think the venue
tlata Il
plans because the court failed TO charge
upon "al.ni.' this being "a m.SlemcRnpr.
appellant should have requested the court
| 10 so charge and except to the courts fail-
ure to DO so. This he failed TO do.
Opinion 10y Henderson, j.
ALIJA PERES HERRERA, from Guada-
lupe conviction for robbery Reversed.
Appellant filed q plea of former jeop-
| ardy, alleging that hc had been convicted
at Il former term of tho court on a charge
of an assault with intent to murder: that
| he had been sentenced and served out his
| term in the pCniteutiary on SAID charge,
ana that the robbery IN this case was one
and the Same transaction involved I'm the
| charge of assault with intent to murder.
| The evidence IN the record couclusvely
| shows that the assault TO murder and the
| robbery were one and the Same trans
| action. The State having elected to
tprnsecuto for the lesser ottense can
! not prosecute for the greater. The
|
| cute for either offeuso she deems proper.
| hut having once made her election TO
prose Ute TOR the lesser offense she can
| not prosecute for the greater oftcnsc.
| opinion by Henderson, j.
| j. w, UNITY, from Dallas: conviction
for attempting to pass as true a forged
rh,. ,,ro,,as,d ,ns,,,,,or,, 80 ,,,,,,o ,,,,,,.,.
- i.',,,.l,,.,S W. ~ -,
| WIS lnadnlsslhe; as SHOWN ny the pll
| IL has no relevancy to any issue Tn tho
co,,r, c,rjoted ~ ~, ii , o, ''e
prejudice either the appellant or his coun-
| sci
opinion by hurt T. H.
| . -
join M'A2Oo. from w lcnlta' ccnVictlon
lot an attempt TO commit Nipe-Rc-
| Ne'9'u
Appellant objected to the charge OF tho
court OF, nttemnt 10 commit rone hoca,sc
| Wv" N'' "''V''iP' =" ''''''it i"PN' "'Nau9o
| there was no evidence of an attempt to
| commit rape rs distinguished from an as
| sault with tntant 10 commit rano. ,,,d i,o
| rarso tbcrc ~ a., ,.,gif,,',n a,,i IA 80 nc
Charge an atiemrt 10 rotnr1it Ie, ,'''''s q,
IKE effor ri,e yI'"'ge it9 TO Grilne
80, Nv rn,,,T 81 "Ssaaie WI "'rilt
cborSe f,,ia ',ape' IH1 ,b peG Ss.'s sn
desr,se of forro no dofenGaT, ,net
have intnnged to use -,,ls cnnt.,t, ln mus
In. armeltsnt i D., ~, ~, t",i'Vi, I H. ul
snocifirniIv toid thc mr., ,,,bat Gaa, '''' ",
force the Defendant must have intended ia
use and that they must believe that at
m c '' fn1 81 a,e Sole'pt ne inlei 10 use
to overcome an resistance on the nart oi
the woman before thrv would be allthor'
| lied to convict This the court fails Ia
do ' Wv N"'' '"" "
| o,,iuiop hv ttu-t II
O'''''N" ~ '''''' :, o.
for murder in the secoiM degree-Af.
firmed
1here Is nut one hill OF exceptions, and
that is upon the admission in evidence OF
the testimony of James Jackson taken or
ne eNanlnins Irial upon the ground that
showing Thai soid raci,o u,,,i ~
State. We think the predicate was suf
li~ent. Appellant complains OF the charg,
49, rot aa,,r.. ~ t, H1oo.,u u'stre ~ tlat u
$50 NV EtA'N' duf'lhdlr cause III con