The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-05-28
billiard LANDRuM. from Falls county
conviction for firing pistol into church
--Reyersed

| billiard LANDRuM. from Falls county.
conviction for firing pistol into church
-Reyersed.
/ The complaint described the house or
church shot into as st. Paul Methodist
church" The Information describes 1t as
| 'St. Paul church" The motion to quash the
information on the ground of variance
should have been sustained. II the trial
| Judge had done his duty, this question
would not be in the case. He should have
granted the motion. and a new iuforma-
| ton could then have been made out
| . The court erred In striking out the
/ plea of former conviction. This plea set
up a former conviction Of appellant for
rudely displaying a pistol and firing same
at and near St Paul church" II these mat
tiers were ono and the same act, appellant
| could be prosecuted but once. and the
! court should have heard evidence on the
question.
Opinion by Henderson, j.
JOHN oBRIEN. from Wise county, con
vlcion for assault with intent TO rape
Mrs A. i. Cook-Rcyorsed.
The evidence is insufficient TO show an
intent to rape Arrellon, may. under the
evidence. have intended TO crafty his pas
sion without force and with tho consent
guilt from The mere circumstance that the
facts are consistent thcrewith-they must
be Inconsistent with his innocence to JUS
tify such an inference
opinion by Hurt. =. j.; Henderson. j.,
dissenting.
G. +. SMITH. from Zavalla county; con-
viction for obstructing public road
Reversed.
The road alleged TO have been obstructed
was on appellants land. No prescriptlve
right or other right to run the road across
appellants land is shown. A verdict for
defendant should have been instructed
Opinion by Davidson j.
ED MASSEY. from Banco county con-
viction for selling mortgaged property
Reversed.
The court erred in refusing appellant's
application for u continuance predicated on
the absence OF the witness Hin. Due dill
gcnce to secure the attendance Of this Wit |
ness is shown. as is also the materially OF
the evidence expected from him. and we
can not say that the evidence would not !
probably have been true.
Opinion by Davidson j.
J. ]. AUSTIN. from Coke county: COLI |
viction for indorsin8 part OF the I'M |
Appropriated public domain without hay |
ing leased same from the state-Re-
versed.
The indictment was presented in the dis |
trict court and subsequently the clerk OF |
that court made out transcript of the !
there and sent same TO the |
county court Tho conviction was had In |
the county court and the transcript OF the |
proceedings In the district court shows no |
order Of tri nsfer TO the county court.
Without such order OF transfer. the county |
court acquired no Jurisdiction over the
care, and appellants plea TO the juri,iic-
ton OF the latter court should have been
Opinion by Davidson. j.
Elk parte NJ. f. LAKE, original application
for a writ OF habeas corpuE--Granted and |
relator ordered discharged
The governor OF Oklahoma Territory Is
sued to the governor OF this State requi-
sltlon in proper form for J. Il Edwards,
" no was charged by indictment with tho
ofiense OF assault with intent 10 murder In
the Territory. Lake was named In the
reguisition as the e1trad'tion agent for
the purpose OF carrying Edwards TO the
Territory. Edwards, upon application TO