The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-05-14

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tai They were indicted in this case for
the theft of n certain horse. the property
of j. Il. Ward Tho plea OF former arquit
tai shows an Indictment of the same de-
PENDANTS for the theft Of certain horse,
the property Of Jim Townsend.
The trial court properly struck out this
plea. AS matter OF law, defendants
could not have been tried under the in
dictment alleged In the plea for the of
Tense charged by the Indictment In tins
case
g The court did not err In refusing a
continuance on account OF absent tes'imo-
NY Part OF tho proposed testimony was ir-
relevant. no predicate was laid for the ad-
mission of another part. and the remain
der was not probably true.
3. The evidence does not raise the iss ue
of insanity through drunkenness
1. q. w. Wright. after being duly
warned. made a confession which was in
troduccd In evidence. The charge of the
court permitted the jury to consider this
confession as evidence against Ellis
Wright. II same was made I'm the latter's
presence, implicated him in the crime, aid
was not denied by him. This was error
II Ellis Wright. without having been
warned. had A,sented to said confession IL
could not he used against him, For n
stronger reason his silence could not he so
used
Opinion by Henderson. }.
JIM THURMAN. from Bosauc county,
conviction for horse thett-Affirmed
We can not look to the charge given in
the companion case OF Jake Thurman In
order to determine whether or not the
charge given in this case is correct. In the
absence of n statement Of facts we can not
see that there is any error in he charge
as given.
Opinion by Davidson. j.
LAURA COPELAND, from Harrison cour-
| tv; conviction for theft OF money-Af-
| frmed.
| /. Appellants theory was that the pros
ecutor was the father of her infant child
and that he had given her the money
charged to have been stolen to support the
child To prove the paternity OF the child
she offered to make profert of it. The
court refused Such evidence may some
| times he admitted where il Is proposed to
| prove for the benefit Of the jury a resein-
blance as to features. complexion, color OF
hair. etc In this case however, no such
| proof in connection with the profert OF the
child was offered, and the child was too
If .ssl-s- old n
; INNS y" ., n, comuorisor IN ar
dor 70 .s,ahIjsb nateruity.
. The evidence of appellant given on
her examining trial was properly admitted.
Opinion by Hurt, p, ].
STEVE MESsER. alias STEVE MOORE.
from Tarrant county; conviction Tor oil
ferng to bride one Joe Galazener TO Ill
low appellant. being prisoner, TO es-
cgDp- reversed,
The evidence does not show that GalaHe-
,ar ,.os = nooco officer al the time OF the
a,I.rod offer IN hr,be This is necessary
fAr, ,qs p cN
o,inion hv Hurt p. J.
rhhhN riEi@' = i'"ir " .. .ooa
,1.., io ,,firmed
The defendant pleaded guilty. the 1uos-
ment contains the necessary recitals in
such cases. and there is no statement Of
,ao,s IA, ., oxo.r,,ons assignment OF err
ro.s or no,,o, for a new trial in the rec
ord
0n,niop nv Henderson, J.
EARNEST DEAN. from FL Paso county
conv,ction for assault with intent 20
commit rane with a forty five year sem
fence as,cssed-Affirmed
tn. s,oto,oont NJ facts
ihere Is he''"o' =,
bill of exceptions fnohon ior ne" "''
nor assignments of error IN tho rec"'"' ,
NJ. ,.,,ta,-,a,,, cb,r,e Judgment and sem
ne i''''o''i''''''
ttnce all in proper ior"
Opinion by Davidson. j.
r, e. L. GULF, from coleman c'"".f
conviction for carrying P's'"'
firmcd,
me Statenleh' VI -
cep'ions cum hot VIZ ,,a,,,, 20.
iiied 100 iate' ihe e''N',"'' -.,.,,.
iure us' we va" "'' :, ar
raiseu ny ei'ner vi 'A'