The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-19

the court OF criminal appeals of Texas to-
day:
JACK BROWN. from johnson: conviction
for violating local option law--Affirmcds
The questions raised IN this case are
identical with those IN Chapman VIZ. State.
just decided and upon tho authority OF
that casc the Judgment 10 affirmed.
Opinion by Hurt, z. J.
JIM DAVIS. from Josnson: conviction for
arson--Aftirmed.
There is no statement OF facts in the
record. The Indictment and charge OF the
court appear correct No error appearing
Judgment is affirmed.
Opinion by Davidson. j.
WALTER FLETCHER. from Dallas; con-
vction tor an assault with intent to muir
der--Affirmod.
There ia no statement OF facts In tho
record. Appellant, complains that he was
forced to trial before the expiration OF two
days nftor service OF copy OF indictment.
The bill of exceptions shows that appellant
was represented by counsel, and defendant
| and his attorney waived service and pro-
cess had boon ISSUED for all witnesses. and
they were present aud testified In tho case.
| After the motion for q new trial was
overruled Il was subsequently re-argucd.
| We find nothing wrong In this. There
| being no statement Of facts. we can not
| pass upon matcriality OF the newly dis
| covered evidence.
Opinion by Davidson, j.
j II. GILMORE. from Grayson; conviction
| for violating local option law Reversed.
| The judgment does not show that plea
was entered by appellant This Is noces-
| sary.
| Opinion by Davidson. ],
| T. A. CHAPMAN. from Johnson: convic-
ton for violating local option law~-Af-
| frmed
| The commissioners cour, had authority
| TO order the election. and also to declare
| tho result thereof hence there was no
| error in the admission OF sud orders. Ap-
| pollant insiats that the election was void.
| because the law requires eight officers VI
| election n, voting precincts where more
| than 100 votes are east. and that but five
| officers held this election ut such pre-
| cincts II Is not complained that the ir-
| regularity affected tho result In tho slight
est Under such circumstances the charge
OF the court instructlng the Jury that tho
| local option law was IN force was correct
| These observations apply to the question
| raised of having one voting box al tho
| various precincts Appellant contends that
| inc vefulct IL not supported ny the eNi-
dencr' we THINK the evidence ample
opinion ny hurt ~ j.
|
| BLAKE HAYES. from johnson; conviction
| for violating local option law-Rovcrsed
| The principal questions In this case are
| the same as those In the Chapman cnsc,
| supra Under the facts of this case tho
following spcclal charge should have been
from IN, evidence that The beer delivered
by defendant 10 said Coney had been sold
| 10 said Coney before said Hayes went into
said house whore the bcor was. and II dr-
lenuant was ,oiu 'n't 'ne haihe wan NV
plvp'l,y VI s",n ,onoy' anu sna, i, ,a.
o'''N'' sou ~ ""' ~. 49, y.
w. s't1 Wv" III MI ,s,n,,
| IL ",l.u.'a. NV, h uy ,,,a,.a ~,
u o' ,,n, ,',a,' Il, ,harss 60 tho inv /, ,hn
,,ni 1hnrno "
un,,tar h, mr., u
| W II ANnrpenN from tohnso,. conyic
| ,ion ,or soii,n,, ,a,,,r,gt irLct Affirmed
| ''' '''''
'"e'e hrc t"o ""'a""u' '"'n'' :" '"'
| record. J. Ihnt 'here ~ variance DO
tween the Increment anu INC prou'. ""
| Indictment charges na'. 20 ono Muruoch
OF lottery ,loNu' ~ ,he 'p,'o'f KNOW, az
OF LOUISIANA lhe iith' witness ",s.,lpeS
~ us a ti.hei W , ,r, ,,' '.,, w.''
lhia 10 su'l'viVn,' ny WV, n.',.,
| an w tnc p.',, VI s"u -, ~" ,a LA ~
rroo' SHOWS ,na, CIV t , ,h' ma' pd'' ~
nun, 'na' nc h.ns ,o' ~ 49," sa,, ~" MI.
., a., w. ,.o. hroLnr To- Tho saio
~ W., ,n' ,i,.Lo,s md ihat ho aid ,ho
, ~ 1870 ,n onnst,on
Ont o,,rinr NV Henderson l.
~
WIZ MANNlNc from Lamar. convlc-
,tnn tc,. aiaud,r-.,1,yoraea
m ~ tia, Tho court lnu,ruotoa tho
,l'
jury III on inquiry u" 10 'hu se"e'ai 'ep"-
| tation OF the female, the evidence salts
| her reputation for chastity was bad In the
community in which she lived, then you
should aoauit 'h. uei,aluen. OF ,s yvu 0e
49,, ,,,',h ~, tho alleged statomont then
~ w, "a 10, avon, you Win olao noouit the
Sa,anda,," This charge was exoepted 10.
,v., AZ 49,, ,h,nL ,ho s,a,ute ou,horizlnr
", ,un,,irv Into Tho general reputation OF
,ho ai,oeea injured fernaLs for chastity
Ff'