The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-10-22
HIGHEST COURTS DECISIONS
Synopses Of Opinions Handed Down
by Highest Tribunals.
THE COURT OF CRIMINAL APPEALS
Two Convictions for Murder and
One for Rape We're Reversed
and Sent Back for New Trial.

Tyler, Texas, October 20.-Opinions de-
livered by the court Of criminal appeals
today:
w. r. GAINES, from Grayson; conviction
for murder in the second degree ana
punishment assessed at confinement Tor
life-Reversed and remandsd.
Held: That the court did not err IN re-
fuslng to change the venue on account
Of the prejudice of the judge, who tried the
cause, that not being statutory ground
for The change of venue; that there was no
error in taking up this cause before the
day set apart for the taking up of the
criminal docket There was no error In
refusing to continue this cause for want
of the testimony of the absent witness,
Sam Williams, as such testimony was. I'M
der all the facts proven immateral.
Mrs. Lula Gaines wife OF the defendant,
was placed upon the stand by the defend
ant and was examined in chief. and on
cross examination the State was permitted
| to ask and she to testify to facts that were
| hot germane to her examination in chief,
and the State was permitted to impeach
her said testimony by several witnesses,
and it is held to be error, and the cause
| is reveisd and remanded.
Opinion by Henderson, j.
| BOB PENNY. from Milan, conviction for
murder In the second degree and given
| fifteen years-Reyersed and remanded.
Held: That the court otred in charg-
ing on the weight OF the evidence. Also
| in permitting a witness to testify to a
| conversation had between defendant and his
wife while he was in Jail, because he had
not been warned before making said state
| meDt.
| Opinion by Davidson. j.
| HENRY MILLER, from Cherokee; con-
| ylction for wilfully killing cow--Re-
| versed and remanded.
| Because the evidence is insufficient to
sustain conviction. the judgment is re-
versed and the cause is remanded.
Opinion by Davidson, j.
| HENRY MANGUM. from Matagorda con-
| vlction for the theft of horse, under
articles S5S and $751; and his punishment
ASSESSED at five years-Reversed ami re-
manded.
Because the evidence fails to show that
at the time appellant acquired possession
OF said horse that he intended to appropriate
| 1T to his own use, but that the prosecution
| should have been carried on under article
ST. for conversion of property.
Opinion by Davidson, j.
SAM HERRING, from Nacogdoches; con-
viction for rudely displaying q pistol near
private house-Reversed and remand
ed,
The court erred in requiring the defendant
to testify to "A certain statement made to
his attorneys. for the reason that the same
was confidential, and the court erred in
failing to charge on accomplice testimony.
Opinion by Henderson. ].
BOB WILLIAMS, from Dallas; conviction
for burglary--Aflirmed.
The record does not contain a statement
of facts ror bills of exceptions and we
find error in the record
Opinion by Davidson, J.
EMELlNE BOOKER. from Boxar; conyic.
ton for theft Of over s5O--Affrmed
There is no statement of facts In the
record. and the affidavit attached to the
motion for new trial docs not come within
any rule applicable to newly discovered
testimony.
Opinion by Davidson, j.
WILL HINES, alias VIII Adams. from
baiias; convicton Tor burglary-Affirmed
Held That there was no error in the
charge as complained of and that tho evil
dence was sufficient to sustain the con-
vcticn.
Opinion by Hurt, p. j.
WILL REED, alias SLOUGH from Dallas
conviction for urglary-Affirmcd.
The record contains neither a statement
OF facts nor bill of exception and we lind |
no error IN the record.
Opinion by Henderson, ].
DICK JESSIE. from Bell; conviction 70, |
burglary-Affirmed
The record contains neither Statement |
OF facts nor bill of exception, and we frd |
no error in the record.
Opinion by Henderson, j.
GEORGE STARkE, from Collin; conyic,io,, |
for breaking into Jail for the purpose |
OF enecting tho escape of a prisoner
therein confinsd-Aflrmed.
Held; That the Indictment was good.
also that book which shows that il WAS
printed and published by authority of the
city council Of any city should ne admit.
ted In evidence as proof of all the acts ana
ordinances therein contained; also that ~
Is not necessary 10 show that the nerson |
whom It Is intended to escape is legally |
coniined, and the charge OF the court was |
evidence was sufficient.
opln!on by Henderson, J.
DILL hENNoN, from Gregg: conviction |
Tor rape-Reversed and remanded.
Held: That the court erred in his charge |
defining force, and we do aot think Tho owl
dence is sufficient to sustain this conylc.
ton.
Opinion by Henderson, j.