The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-11-05
HIGHEST COURTS DECISIONS
Synopscs Of Opinions Handed Down
BY Highest Tribunals.
THE COURT OF CRIMINAL APPEALS
Decision m 10 the Jcncrson Count.
Court Dilt-Docs Not Wipe
Ont other Courts.


WV S""s'
Tyler. TEXAS November 4.--Th, court ~
,r,,,,,,., ..,. a..,,.,., ,.s,a..u
"'''''"'' 's''''''' o''''o"s se''''
,,n,i.,n 81, s,'. ,,,', 3, ,,oi" %Mss., eoms
rcmanded.
Held; That Tho court errc., In refus,np N
..,,, AZ, 1890. ,..,-,-
'.'"'' ''e e''en''''e W e''ss-eN"h'p' ''e
witnesses W, T. soimer ana Tom RULER,
as TO all the facts concerning the origin
of tho ,,iffi,u,fv ,.tv.or ~, 3c,,aas,, QUA
H., ,,,,,.,.,, 80.
80 'i"''sc. VI "o'N''a''' "'"o
IN refusing to allow the defendant and his
brouy,, o,, hv ,ha STAT. g. a.. va,,,,n,
40, n,,, .s,,,r 800 :" 10 .
,ha, M n,,,r, -, Il, - ~, 80,
daughter rs Applied to facts II the ease,
also IN his charge on clf-letense rs APP
plied TO faeis OF this case.
opinion by Davidson, J.
----
MARVIN MUFFIN anu Will M'CkACh-
EN, from CfuldreSs; conviction Tor thett
Of cattle Reversed and rcmandod.
,,.,,,.,, 80 a.. tos,,r,,ny .h,,r,f,..o ,,.,
,,e W ~. ., - .a,,,..,,I
Oninion hy n,yiaa,, n
HARRY STRANGE. from Shelby; oonvic-
non Tor mniaer IN .ns scpohu oesfec
'
inc STATE over Tue oplec''oh VI f'i'n"""''
to prove that defendant had made threats
AGAINST his own brother and had threat
enoi to XIII some ono before Saturday
night and that defendant had on ono oc-
CASTOR carried n gun, and on two occasions
was seen with n pistol there being Eothing
In enid testimony to show any animosity
rcmandca
Opinion hy Davidson. ].
r. NJ, WYATT from l'aiiasi cous's''on 'o'
rupp'fs Ne'''ao" ",' 'o' - u,.
hecause ,ho 'o''N pe.o" i''"'N'
aetenuaht 10 'hipc'oh VIZ "'''eS' ''
TO. by ehowing that ne maze Non'tan,e,ofy
pun 'esno s.luhpuelep ~ !all"a'' ~ "'H
ness not specihcaiiy aunitths suen 'on-
trajectory statements ,"te o,s w
other error In the record the J"uen'e"' -
Opinion by Henderson D.
IL ps.l.l af.H
remanaod
po,ause the Juror. colburn. detailed TO
ho ,,,.,, .rter thcv hal retired TO consider
thcir verdict certain facts concerning a
.',,. -. ~ e,,,. IN, Nore
hia'er"' WITNESS ,'' '''u ~ -,
detrimental 10 tne ihtereht on wy "Nl'nu""''
and for the reason thnt tne i"',",c W nt-
used by the Jury against him, us shown ny
MndhNits at'acned 10 riouon W. Nv"
trial ana me failure ot .no oo ,h :" N,"J ,s
reyar~ed and romonaed
Opinion by Henderson. j,
-
w. C. EPPS, from Cooke; CONVICTION LOT
robbery Affirmed.
Only ona question was presented, and
,bo, nos ,he error in striking ont the do
-, :, ,.x.r ,nnn,,a, Tho
leno'". pie" VI '',"s'
former trlai was Tor tno ropoo'y Oh o"' ''
this for the robbery OF u. 4. PETER OF q
certain watch and chain OF the valna OF
$40. Held; That they Were TWO separate
ana disuho' o,iehses.
NP'''o' ~ 80
JAMES COLLINS from san Augustine,
conviction for perjury Affirmed
,,ha t,a,,t,ncnt contnine two counts each
~, ,,a.,no, ,r,p,,c,to, There wns
""eh'"' . - 49, H., ,,o.o
no motion TO quaSh nor 10 I"'So VIC p'ofs-
lnt. inv IN
-. 1900 ,,,,.h o,,y a no,,on 4,
arresi III tho iudgment. Held: That there
is no authorizing the arrest OF judgment
on snch GROUNDS,
opihi"h ny i'""V,n'"'
Nv marta I'M scurI,INC. from Coleman
DN I'LL, pnnu ~
..,,s ,avo,,,t,c ,,o legality
THIS is question i"'o'N'ie Wv 'ls"','
| and validity of the local option election IN
preelnct No. 5 of coleman county.
Had. Tbat n failure to issue election no.
it,. ',,,,id no, romder eaiI eIecilon void.
~, y, 80 nn,ionoi Win The neople of Cation
soh~n uonae nreciuct whether or not they
a,,,,,d hold n,y cIec,Ion. therefore, we hold
10, ~ o,sction was n valid and legal cleo
Ion and tbs iudrment IS affirmed.