The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-06-18

Fan BY Henderson. j.
~ n. DANIEL, from MclIennan
Nv sppeal FROM habeas corpus pro-
L. ia the county court-Appeal dis
SsA
shown that appellant is not in jail.
k,nu BY Henderson, j.
HUNTER, from Wilson county;
cdtlon of attempting TO produce an
S-,o, on one Florence Johnson-Af-
III.
h, rnntions were reserved to the rui-
| 4 the trial court. The evidence is
s.at The prosecutrix was not an nc
liz although she consented to take
I,s.lc!ne given her by appellant.
I,,cs by Davidson, j.
K JEFFERSON, from Guadalupe coun-
1 npy!ctlon of cattle thcft-Afiirmed.
!. only error assigned is based upon
usion of the trial court In refusing
k,spts motion for a new trial. This
h vas predicNted upon certain newly
Srssi evidence. The witness Hamilton
Y. on the trial TO a conversation be-
:, HIMSELF and defendant in which the
b a.iessed the theft. The newly dis
MI evidence is that of one McCulloch.
! VA present when the conversation
,ite, and, who will swear that de-
w. made no confession then. This
g,s be newly discovered evidence. be-
b \ McCulloch was present when the
ksition took place, defendant knew
R before the trial.
[si.a by Davidson, j.
IsaE FRENTCHEs. from Lamar
KY conviction of horse theft-Af-
I'D
IL court did not err in overruling ap-
b., notion for continuance, pred
b ypa the absence of certain wit
"a he evidence clearly proves the
tu ileeed in the Indictment, and it
FL, to conceive how any jury could
|eai testimony of the alleged absent
cSn even II they would testify as
h!lthe motion FOR continuance, or
u, evidence, il true. could benefit
Elg.
fn notion for a new trial, appellant
sais OF certain remarks alleged to
Ken made to the jury by the district
Fey. The statement that the remarks
made is not verified and we can not
Ter II.
iion by Davidson. j.
Go0Ds0N, from Wharton county;
EVICTION Of horse theft-Affirmed.
trial court did not err in refusing
T11ua1ce on account OF the absence
witnesses, Moore, Cooke and Woods,
Testimony. as set out in the applica-
~ continuance, is not probably
! motion for new trial Ii is stated
gior, one OF the jurors, Is related
'a' The owner of the animal alleged
= peen stolen, within the third de-
ls statement can rot be considered
y because 1t is not in any manner
'-Hn by Davidson, j.
IL EATON, from Harris county;
'S'lon Of theft-Afrlrmed.
'ecord contains no statement OF
aSllls Of exception.
f'ants contention. that the indict-
'es not charge that the money was
WIN intent TO steal, is NOT sus-
W The language of the indictment,
'a'a by Davidson. J.
MITCHELL, from Hunt county;
Ioh Tor murder in the second de-
Affirmed.
!" ulai court did not err in refusing
N on manslaughtor. II defendant
s'T entered into an unlawful at
.'Oa deceased, his offense could not
,'.sa 10 manslaughter by evidence OF
~ eatehaered during the conflict.
,iuehee RAISES the issue OF mu-
st- va and the cairt did not err IN
Nefeon' None of the errors as
sfe We'll taken.
@@ by Henderson, j.
y SElDEL, from Fayette county;
,.n of>defendant for withdrawing
,,n,s a'dllig his fence from the fence
Il. W. Without giving the six months
Nu'red by law.-Affirmed,
,'A'ehent of facts can not be con-
~. Nc'use it is not approved by the
M aud no sufficient diligence 10
sasi',a apbloyal thereof is shown. In
stpt,S" o. The record. no assignment
k.in !, which We can revise.
- by Hurt, p. J.
&, .hARNAvELs. from Williamson
Ia l,~ ~hViction for violating the local
J, @aaaht' the steward. of an lncor.
club, was convicted Of selling
'yo,, we Of the club members. When
|, obsr s were bought by the steward
r. "pNT OF the CluD, with ihe
u tbs Grub, they became the prop
es Of sSo.pofation, and sale by tbs
sh \ saia corporation to any Of ia
IA ,ba as sale" as that term is de.
se local option law.
|ns on - Z case where parties contrib.
shh sa money and purchase intoxlcanti
sy,s' "h divide them pro rata amons
sr.na, 'ut II is a transaction wher,
TIE Use, Nssets ~ continuing bust
!, bu.lnaito rcplenish the goods solo
"a faehce shows that the corpora
bal on,i lea Tor the purpose of eyad.ni
y py Hurt. p. J.
sr mn from Knox county; eonylc
ssdsd 'uell OF calf.-Reyersed an,
VI al, violence tending to show tina
'esed to have been stolen wa,