The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-05
M COURT DECISIONS.
! Opinions Handed Down
J, i. Latest Sitting

i Opinions Handel Handed D0"'
ID, Latest Sitting |
,.s sslr1 Of CRIMINAL APPEALS
I'd Two Perjury Con-
~ s''' .,ss,rned-nro~n swim
Tie'', No. case Rever"'"'
robr,ary s.--Following
~ r.'S : opinions pinto rendered by the
a : criminal appeals today ,'l ,o,v,ct,o0
. s,It,EY, from Angelina; convection
ss[,ury-Anirmed. ..,rs. If the
!. ,,,' md it correct The court n' M a,a
y. .,cluding the testimony OF NC
r y .,.,ement made by defendant
- .,.n,sctIon between defendant
~ h..,n contaminated and West
W.. r The witness lMccalD ,esti'' 60
'' Signature of the deie ,r,w COM, M
ne y The note more nearly com
~ Mis- signature or an express
Wy M hook was not then present
sn Dis Nth railway book, which was
Il dd WIN :. was shown that said
IT, ,reviorsly made comparison
!, ths signatures on the eNp n,,,s
VA The signature on the note i"'s
~ vas properly admitted.
.,,,o BY Henderson, ).
NIL. from Donley' conVic'ioh LOT
.y.ted assault-Aifirmed'
,nrt charged the jury, THAT when
,,,,r, is caused by violence to the per-
r 4. intent to injury is presumed and
~ upon the person infiicting the IN
!, chow the accident or innocent IN
i Tho injury intended may be either
!, D.,n constraint, a sense of shame
A., disagreeable emotion of the mind
~, oh,eoted to this charge, because
.as.,ce did not warrant the charge.
tsrg no evidence to show any IN
y. ,hs nersop OF Maggie Walsh either
Ian, main, constraint. sense OF shame
M dIsagreeable emotion - the minu'
charge was given in connection Win
rsIn charge, and was not calculated
.,.lasa the Jury, because the court re-
III ina ,ury TO find beyond a reasonable
N ~, the accused intended to injure
r,rsscutrix. The circumstances in evil
NJ III show that his acts were caicu-
, "a produce a sense of shame IN
,n n the tender years of Maggie
M The evidence is sufficient and the
,nent is affirmed.
,nIon by Henderson, j.
m COHEN, from Navarro, conviction
knowingly sending and delivering to
INK Hagle, a certain written letter
satening to charge him with a Grim
ofense, In order to &xtort money
Ia him, etc.--Reversed.
son was made to quash the indict-
i On the ground that it failed to set
he specific criminal oifcnse the de-
ant proposed to charge against Hagle.
being contended that the merely setting
Of the letter In haec verba and the
lsral ayerment that said letter threaten
TO accuse Hage OF criminal offense
not q sufficient allegation. In our opin-
and In consonance with our statute on
subiet of criminal pl adings. the in
tment should have stated the distinct
euls threatened against the party to
lon the letter was sent, and not leave
i to b gathered by intendment.
Opinion BY Henderson, J.
Z JACKSON. from Dallas; conviction
y burglary-AfIrmed.
mn Is no statement of facts or bills
ssVicns in the record. The iudict-
uM charge are in proper form.
Ffsi by Henderson. ].
plD FRANKLIN from Collin; con-
nm Tor assault with intent TO MUIR
aa-aairmed.
~ court charged on every possible
q the case The question as to the
duoa 81 the defendant was submitted
@'aiT by proper instructions. In pass
scu the intent the jury should look to
'asse'e: OF the weapon. If the weapon
asadiy one and likely to produce
wolly harm, the jury may infer from
" VI sucn weapon the intent to kill.
" 10 reason for disturbing the YER
'usaa BY Henderson, ].
s y. from Limestone; convic-
LOT Observation-Disclosures.
= Information charged that the wo-
with whom the alleged fornication
"umitted was named Rageley. The
h. .'ss called her Ragsley and some
saa-one witnessed testified that ber
NV, was not Rageley, but was Raglin.
as. W.. charged the jury that it made
~ ws whether the alleged females
xs Raglin or Ragsley, that they
Ma = ,r sonans. This charge was OK
M 70 The charge was erroneous
r'i'a by Henderson, j.
, SnnIN LEWALLEN. from Red River
N. WV, Tor Northumberland.
why question is whether or pot III,
.,' occurred within three years bofor,
q, Jung xas Of Of the indictment. The ind,c,
,ss, Hss MED June :. 1894. The or Tss
.s In second Sunday in April 1851 ogIuT He
,on,s. IN this respect is crob lSi h n
~ q, Of the defendant O as tos y
d ,F vs. barred al the time the ind nt o,
''''i'n by Hurt. p. J.
~ n uuSGs, from Navarro; copyic,,o,
ilrasdr' '0s' in the second desr ns.ctsI =
ks,rs are no bills Of exceptions in .,
Aepsl!an! cOnr l-,s in his IN n'o. IN
- .A'IAltl