The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-26
HIGHEST COURT DECISIONS.
oynopses OF Opinions Handed Down
at the Latest Sitting
IN THE COURT OF CRIMINAL APPEALS
'"'e OF Dave Myers, from BeIl Uirc
e"ce)' Heverscd-M. Adclbcr-
ger, from Harris, Affirmed,

are synopses OF opinions rendered NV the
oourt OF criminal appeals OF Texas. Dallas
term, February "a:
HENRY JORDAN, from Ellis. corv,o,,,r
LOT violating local option law--Motion for
rehearing overruled.
IL is commended that article as does no,
provide penalty for tho sale of intoxica,-
ing liquors in subdivision OF a county
o'her imam Justice precincts cities or towns
we mold that 1t does. Il is insisted that a
portion OF article 3.3S is unconstitutional
because 1t attempts to punish bartering o.
sNihs away intoxicating liquors in local
option counties The election In this case
was upon the proposition as to whether the
sale OF intoxicating liqnors should be pro
hibi.ed. That part Of the Indictment which
charges the exchange or gift is merely sur
plusage ana We so treat it,
opinion by Davidson. j.
5. A. HALL. from. Dallas: conviction for
running blind tiger-Reversed and dis
missed.
The indictment nowhere alleges that the
election for local option was ever leld in
the town OF Lancaster, or that ,hc commits
sioners court had declared the result or tina,
publication was ever made to put the sam,
IN force These matters are necessary aver
ments.
Opinion by Davidson. J.
ELI KENDALL, from Dallas. conviction
for cattle thett--Revcrsed.
The State mainly relied unon recent
,>oss,.sto,, 49, -. ,,..,
fed that he sold tho COW as the agent OF
Mrs. Williams, and that she gave as Il
reason for securing bis scr,,;cos En- col, w.
animal tina, her husband would ,,o, ,,r,i.,
her with cio,h,,y a,, H., ,,
this animal In order IN oh,,, ro.,sro.,,
clothing tor her person. He denied claim.
ing ownership in the animal ut al times.
itan,s r.. 80 ~, lIoNeI ny Mrs' VII
f,,5,., % ~ ~ ,"'u,'i'Nc tnc ue-
a,,than,,, 81 H. 'ne "n'..i anu gave MN no
satis,, III w wv s'' no,c' hiu any CONVEX
ga "a O'Vn WIN hIi" auu Knew nothing aoont
mo ani,,ai u,as ,h Nv cn,ornue sHoweu sma'
an5 80, az "nN thc property OF taiheFoh,
s s,n wus III .ne possession o, Wiillams anu
iia W. hppel'ait o"ereu 10 prove by
d., a. t'at apout tne tiihe ana
! ,u P.es'ous W .nc tahlns Oh saiu animal
~, ~ VA" ,ol, u satioH WIN Mrs WI
1'"'iis "a MniOh sno sia'eu III substance the
a IT, 80 .es'',.eu 10 py IRE leiendah'
80. Ns,,a' ~ uHu'uu ,' ms was
V'o' "e'e ~l'"e's testihes on ,he tflai
a.otanpss 10 snow iiia' ne maze cohh'ctlhs
s ,a,a,, aDou. .nat iao'. tnen .ie p'r,!
in1ou"V''s w "i.uesH cai Pi"Fe ,hat nc
,ransactio, occurred
Opinion by Davidson. ].
-.
lion for nariurv.- o r,ny grart ,o ana
judgment reversed.
IN torr,or aay ., ,his ,or,, chic ,,d,.
-. 80
lhehI was "ihrineu' this court PresuW'ne
that. although no plea OF non est factuu
was contained in the record OF the trial
oourt ,,ot Tho tost,no,y ., ,ho ,i,ross
to the erect that he had not signed the
note SUED on was material hence perjury
I nratIon wo helievo wo were in error ana
hold that it deyolves upon the State 10
show that plea OF non est Iaetum was
~" 1lso wy ia, -, ;t.r,si 49, " ~
stale having failed TO show thai the plea
Of non est factum was filed in the civil suit
the TACT that appellaht swore on me ira
W. h',,,, - Ieo,, ,,,ater,ai 70 ory
80 no ,,, ~ w o.so Eoncc ,,eri,,rv co,,i1
,st ~ nss,aro5 ,boroo,,
no o,';,,in, h., r,ayidsnn 7
'P'''''" -
,>,1,. ,r,,o,,pcoN ,., r,.o,.,o,o. oor
~, ~. pehea,i,s, o,,nrr,,led
nv, yut'Vi ~, s",i'' ,h,, ha NO, -,
inc i"u'0'i'''.' Aa' 90 az =.
game played with dice, commonly caileo
craps Appellant contends tat he should
ho,o haor ,ra;o,ad ana triad for he.t,,,
at banking game or taoie' Every iac'
charged in the indictment was proved in
| this case; the State had the right to pro-
coed against him for betting at the game
| played with dice. commonly called craps
| or for betting at banking game or table
| Having elected the State is concluded.
| DAVE MYERS. from Bell; conviction fol-
murder, life sentence-Reversed'
ON the triai the state proved by Cnamo-
ers that he was at the place of the honi.
.'.s VI ~'e ne" 1' '"a' a'oue
hait hour atter CLOCK a m'' ne In com
pany with Mayberry ana others, left sale
house. that Just before he left he went OIL
| On the gallery OF SAID mouse ana MaybcrrA