The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-03-13

L. - u
paa!on case 10 the one above,
The assault in this case was made upon |
she mother Of the prosecutrix in the
above case The evidence is sufficient.
Opinion by Hurt p. ].
MARION poDsoN, from Greer; convic-
ton Tor violating the gaming laws-Af-
firirel,
Motion was made to quash the affidavit,
because Il did not alleee that aflant was
a credible person. This was rot necessary
Ncr is the pcnt well taken. that the
complaint must state that the ''adiant has
good reason TO believe etc. There WAS
no error 90 permitting the State 10 recall
the witness. Pendersraft, before the argu-
trent closed.
opinion 10y Davidson. j.
GEORGE HILL from Brazoria: convic-
lion 81 an assault with intent to rape
During the argument, the attorney for
the appellant stated to the jury, that the
defendant. II guilty at all. was guilty OF
20 mere than an agf ravated assault. Th..
cogrt interrupted counsel and stated. that
ne would charge on aggravated assault,
tut MS charge would only mean mat
there was evidence In the cas- from
WhicR the jury might ma the upfcnrant
guilty of an aggravated assault. We
thluk the court was authorized to make
ilis remark IN response 10 the argumen;
y
the court covered all of the issues in the
case, and the special charges were not
required There was no issue in the court
below as 10 the fact that appellant was
an adult male person or that the prose
-utT1x was female. The proof shows
,hesp facts be~ond doubt.
Opinion by Hurt, =. J.
In OWENS. from Brazoria: conviction
for assault with Intent to mur1er-Af-
trued
Appellant contends that the court should
have charged on circumstautial evidence,
because he says the evidence was wholly
circumstantial We do not so understand
tho record. Appellant was identified as
( tho party making the assault by wit
ueEsss VINO recognized him by his voice.
} Appellant also assigns as error the failure
! or tho court 20 charge as 10 the effect OF
( The testimony adIuced by the state TO
( impeach appellants Witness Teasly, on
; ne ground that h's reputation FOR truth
aud yeracity WIS rad. Appellant con-
tends that the court should nave charged
4 rs 10 The object aud purpose OF impeacn-
ing tes'img2ny. IN this view we DO not 81
I the weight % the testimony and the cred
( &c 20 Dr. given 10 the witnesses l,y me Jury
I is sufficient. APPELLANT contends that the
J evidence do ~ not chow any deadly wea-
ron was used Tho weapon used was
gun Appellant discharged the gun into
/ the house. the bal! passing through one
wall ana penetrating ne other. We think
7
used and The manner of its use made 1t
d deadly weapon.
Opinion hy Davidson J.
". w. CHAPMAN. from Travis; convic-
! Hon for passing an alleged forged in
I strumeut-Afirmcd.
/ The only question raised 10y, appellant Is
tAat under the Indictment, charging that
( the alleged forged instrument purported
I 90 he the act Of one Robinson, and not
( alleging that said Robinson was fic-
( ti1uus person, it vas not competent for
{ the state 10 prove the fact that Robinson
/ wss "a hctiti5us person An Indictment
Z Ike tho one In this case need not allegc
,hat the purported maker Of the iustru-
neut rs "A fictitious person. IT l. proper
TO adult proof that he * a fictitious per
SON, without alleging it in the indict-
Opinion by Davidson. J.
REUBEN MCCULLOUGH from Dallas.
conviction for aggravated assault-te-
VfrSed.
Appellant plead former acquittlL in,his
plea no alleges that he had On a certain
day been tried and acquitted Of the iden-
iical onense alleged in the information in
this case In the pleadings attached TO
his plea show the offense charged Is the
same az to dates, parties and oiicnse, and
no Judgment set w shows an ae4Hltl =,
out upon two grounds, "a that the plea
was not wcil plead. and Ca) he,puss It
waH not true. Upon the hrst ground we
think the court erred, and that the plea
on iis face was Sufficient to admit proof
OF hiss allegations. In regard 10 the soc
ond fl constituted no ground Of de-
opinion by Davidson, j.
J. \. ROGERS, from Torraut, conviction
for pursuing the occupation Of a
plumber, without first having obtained
q license therefor-Reversed.
The conviction was had under article
1i2. Article M provides that a1y nersor
prosecuted under article III shall have
the right at any time before conviction Il
have such prosecution dismissed upor
mo pavriont OF the tax aud all costs OF
, prosecution, etc. II appears thpt appel
liant nfter the institution Of this prose
cuton WAS permitted nv the COLLECTOR e
pay The tax and was granted q Incense
r which being presented TO me court IN
indge instructed tho jury II they toun'
. that appellant had pursued the occupa
tlnn named without having PAID me TAX
to and him guilty and further cherse'
4 them that II the evidence showed tina
. brftrn this trial appellant paid the tal
4 due to the state and county but diu no
pay the costs Of this case, you are N
structed II YOU find the defendant guilt
10 and the cost Of this prosecution aSalns
the defendant. The jury FOUND the ap
q pclant guilty and assessed tnS costs Q
; If the court instructing the Jury 10 az
I. sens the costs OF the prosecution agains
r the appellant Is not authorized
. Opinion by Davidson j.
= NEELY BALL AND ALBEIT ABBoTl
from Collincsworthi conviction for ae
:, rravated assault and battery-Anirmec
various witnesses were asked by cour
q sci for the defendant II they knew tn
general reputation Of the defendant 70
n poaeeahleness and auietude in the commu
II ,,t,, In which they resided. This Questio
u.s. obtactea 10 by TIE state. and IN
testimony excluded The bill OF eSccpto
does not state what the answer OF q
: witnesses would have been hence ca
. moi he considered Some remarks mad
- by states counsel in his opening arg
= mont were objected 10 by the defendants
Is 'rhere was no request made by appellar
j. 10 withdraw the remarks from the lur
~ and no charge was asked OF the court
- insiruct the Jury to disregard the 4,
n marks This should have been done. W
~ have carefully examined the facts in IL
r. record and " the evidence for the stat
10 he true. the assault was an outraged
-. ss.aai