The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-06-26
COURT DECISIONS.

0,,sioas Handed Down
ns Last Sitting
ii Of CRIMINAL APPEALS
Ass,ps. Jim Williamson
cssusry Athrmed-The
c.s''''n o''rr"''d'
,,ne es.-TolIowing are
~ ou.nions delivered by the
M appeals today;
"a, .onvictfon for murder IN
va appealed from Gal
tf-Affirmed.
mntains neither a statement
\ EXCEPTIONS nor assignment
~ questions presented Gu"
y revised.
ysvtdson, j.
conviction for assault
n murder, appealed from
Npsvfrsed and renamed.
n Al, the triad attempted 10
~ assault on the prosecutor
n the apparently insulting
,s prosecutor towards Mrs.
.Sasier of defendant. The
a effect, that If the pros
4 fact, provoked defendant
nra,ct towards the lattcrs
II "niv be convicted of AZ
NJ, This charge was error.
49, al the time reasonably
INA nrosecutlor and his Sis
nrtd In the &C, OF i'iic'N m
vsre ahoai. to engage in suc.2
M passion became ar"lstu
~ "a e,lch an extent thaa ne
~ AZ cool reflection. and lie
n he would be guilty only OF
nj assault.
II Henderson. j.
h,aNsON. conviction for muir
I'M degree. with the death
ssese,d: appealed from Whar-
F-Aiflrmed.
NJ no error in admitting In
4. confession OF defendant to
\ Defeudant was fully warned
mile the statement and the
~ and Voluntarily made.
~ did not err in refusing
IA trial until the witness
kfte procured. 1t was MOI
Id3fNndart was taken by sur
nm and that She testimony
- Tor the first Time became
bpfese was a na'eiTal wit
VI have been attached before
-. The materiaiiiy OF his
1meny dies net, however.
~ for a new trial alleges
I'M McCane was neither a
b the county nor free hold
M. although he had sworn
ilfacts on his vol dire.
RNn}hat defendant. VAS icno-
ina facts OF the matter NJ
Tim was. his objection comes
Inoyer, no probable injury is
M resulted to appellant ny
Do service of said a''rnrs ~
tar Of the court is full and
h Davidson, J.
AEKINs. conviction for man-
4 appealed from Harris county
II
.su of the counts charge.
saasd the law appNca BILE to the
II deiddant provoked the diff
h deceased. is complained of.
fhot MAS acqip,rted Of The charge
k TIE second degree. the above
i ktnhAted from the case and
1nent might he disposed of
nns INTO rs merits. But ws
further opinion that this EVIL
tecofd authorized the giving
sEe.MTelerence to provoking
VI Davidson, ].
CLINE. conviction far nun :
Nccnd degres; appealed from
opnty = Reversed and re-
over appellants objection.
Wore the Jury the written
sH Monroe. taken on the eH-
nj Of the defendant in this
mecic:te for he in,roiuction
erony, the death of the wit
.pNsd. The objection urge d
" accused shall he confronted
sasAes against HIM" as guar
rcllcn y Of he bill of rights
~ c.ss'.;u'ion. The tes,i Aony
~ presumably under the llrd-
!Is.cf IA. Code of Cr.minal
snlch reads as fellows; The
va W6ntss taken before an
sun and reduced to writing
3 ac.idins to law, In cast
as!snoant was present when
.T vas tlken. and had the
'Nled nm of crosS-cXGm.,iing
nsy De read in evidence.
'.nsly taken In an examining
Me prov.s,ons # arilcla o67,
Wllh Procedure. Is NOT /, de-
.e!lied 70 b. read in evlusuc.
ENlAoLS ci the statute nnio..d
sas@re think hat the DECISION
~ berry vs.. the STATE, III
NJ is erroneous in holdint
~ deposition mans "tee,i-
W an examining trial. and
~ OF evidence ran he used
y all 4 must be taken as
|. % be confronted with the
at nim Is a right cuaran-
.ssused hv the institution,
III Evidence. Thss right he,
M Continues tbriuichoui the
N ro-tSterFlvr with IN.
,rsshphisory process for wit
Ma WON lnHlctr IL fel'
III 70 be heard by counsel
vi nulne rights and cas- moi
Avn, tduse once made opera
N, Sn''ss Of \ given PROSECUTION
~ can not, urder the CONG i.
INT ,i,.a me sltatr 10 reproiu,'
iM asa'nst the accused ~
N any cave unIess ih'
4 Inmf wa waived his right
M ,slnfor, j lInr'. =. v.
nv we an N mon: Henler
IL ana VIII file an opinion.
- y 1snyict.on for forgery. up
In..M. aIris csuntv--Affirmed.
at charges defendant VIII
ne name Of John Tinnigar
,ss sk, 1t does not allegc tina
fpMFnt nurrortod to he IN
a e shd Vt contains no allega
VINO or what Finnigan 4
~ NJ system 1t is rot nece,sar,
IN rliport clause. nor IS /
Aat ~, ,ne allegation conilin ri