The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-06-28
HIGHEST COURT DECISIONS.
Synopses Of Opinions Handed Down
at the Latest Sitting,
IN THE COURT OF CRIMINAL APPEALS
Prcccdcpts degrading Bail over
ruled md II New Decision Rem
dcred-Dincrenccs of Opinion.

Austin. Texas. June 25.--Following are
synopses of the opinions delivered by the
court OF criminal appeals today:
GEORGE THOMSON. from Denton coun-
ty; conviction OF cattle theft--Anlrmed
/. The trial court did not err in refusing
the special charge requested by appellant,
In regard TO the latters explanation made
of his possession OF the stolen property
This explanation was that appellant had
purchased the stolen cattle from strang-
er. The court charged on The effect Of a
purchase Of the property by appellant. aud
this portion OF the charge rendered a
charge. such as that requested, unneces-
sary.
2. The alleged newly discovered evidence
is not probably true. and no sufficient dill
gence 10 secure IL before the trial ~
shown. Appellant gave the name OF the
alleged stranger from whom he claims TO
have purchased the cattle. but s;atss that
he had never seen him before and that
he has not seen him since. This IS The
same ubiquitous stranger who so often
figures In tho records of this court in theft
OF cattle cases. like the Wandering Jpvy, he
is always on the 20, but when he time OF
trial comes Is always inaccessible ana can
no, be found.
Tho evidence is sufficient.
Opinion By Henderson, j.
lex pARTE IDA CRAWFORD. IRON Altar
cosa county; appeal in hab al corpus
proceeding Reversed and rciator Offered
discharged.
The court below fixed realtors bail az
$500 on charge OF murder rnde the
evidence. the court vas not authorised to
hold reiainr TO bail
Opinion ~ Henderson. j.
EX pARTE ". e. IfARRELL from Alas
cosa county appeal from a judgment IA
habeas corpus proceeding Thei.ia re- I
lator was denied bail-Afigm ID.
Relntor stands charged With mmder. /
Under ,he statement q, facts. We are rot
prepared to saY that The judgment Of the
lower court WAS wrong
Opinion By Hurt p. ].
j. NJ. BACHELOR. from Tarrant cour.ty !
conviction Of horse thnft-Reyerssd.
Appellants father and mother testified /
in his behalf 90 the trial hriow. The 'riol
court CHARGED the jury THAT ;hey rlsht |!
consider "iho intelligence interest. op-
parent bias or prejudice II 4ny. a Wit (
nesscs well 1s their manner II ,cstlty-
ing. In passing IN conflicting testimony /
that they were unable TO rueoucile II there
should D. any such. This was charge .
on the weight Of no evidence.
Opinion by Davidson. j.
WYATT WILLIAMS from Houston coun- /
~. conviction assault With intent To
murder Affirmed.
!, The charge OF the court az given prop
erly defines tho offenae. II was not error.
therefore. for the court to refuse to charge
that the criterion Of The pnouso .s. thai had
the assault been successful he huHng
would have bccu muFdc. THIS o. The cfec,
OF the statute bat u was so, noceasary 10
charge the statute wherr a correct charge
had already been given INA other Language
The verdict settles tie coufli., In tho
evidence adversely 10 appellant ana we VIII
NOT disturb Jhcir finding
Opinion hy Davidson, j
X. b. WARREN. from Smith county; con
Yetion ~ an attempt to commit, rape
uuon Belle ueaurhamp- Reversed,
Tho Indictment is IN two counts. The
count charging rape alleges that Bette
Beauchamp was under The age Of Is years
The second count is fer assault TO commit
rape. 1t not being alleged that the assaulted
party was Under the age Of ia years. Z he
assault is charged 10 have BIZ "a uale with
force threats and fraud and without the
consent Of Belle Beauchamp
The court instructed the urY that the
charge OF rape included The oaou-o of an
attempt TO commit rape aai that. ii tho
attempt wax made upon ilrty undt ~ is
years OF age, they 1ce-i not can,ilcr
whether she waH Willing and consontns or
NOT or whether force. threats o. fraud nss
used or not.
This charge of the court rps radicals,