The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-05

judgment made final. This question has
been decided adversely to appellant in
Phipns VS.. State, and the question thor
oughly discussed. on the authority OF that
case the judgment is affirmed.
Opinion by Henderson, J.
LUDWIG KLEIN. from Clay; conviction
for injuring the fence Of another-Re-
versed.
There was proof tending to show the
prosecutors fence was insufficient. APP
pellsnts cattle had been impounded by the
prosecutor without authority, and the de-
fondant had the right to regain possession
thereof by any means short OF breach of
the peace. The special charges request ed
on this phase of the case should have been
given.
Opinion by Henderson, J.
Pen HARTGRAVES, from Parker; convi,
tion for violating local option law-Af-
firmed.
The charge OF the court was sufficient
We have examined the record carefully and
in our opinion the testimony was amply
sufficient to support the verdict.
WILLIS WILSON, from Foard: on rchear-
ing--Reversed
Appellant commended that he purchased
the heifer from his brother. On the trial
the brother was asked If he did not testify
in the grand jury room that he had not
sold his brother any cattle; and he an
sWefed thal lie had not so testified. The
state was then permitted to introduce two
members of the grand jury, who proved
that he had so testified. Appellant insists
that the court should have limited this
testimony to the sole purpose of impeach-
Ing the said witness. although not SO re-
quested at tho time and no exceptions re-
served. We believe that the court should
have so limited the testimony.
Opinion by Henderson, j.
LOUIS CALSKY, from Bexar; conviction
FOR burglary--Affirmed.
The first bill of exceptions Is too in
definite to require consideration The
second bill fails to show what the testi-
inony was OF which defendant COMPLAINS
The charge of the court is sufficient.
Opinion by Davidson. ].
]. NJ BENNETT from Wrbarger; CON-
viction in the justice court of an affray;
upon appeal 10 county court the appeal
was dismissed.
Inc assistant attorney general moves for
u dismissal because the recognizance re-
cltes that ne was convicted in the county
o"ur, Motion sustained.
opinion by Davidson. j.
MELISSA CosGRoVE. from Ellis; conyic
t'oh Tor fornicaton-Rev
inc Indictment alleged adultery The
proof failed to show that either of the
parties were married and conviction was
had Tor fornication. Tho question ,s
whether or not under this Indictment :,
conviction for fornlcation can be sustained
s'flhihg out the allegation Of marriage
shc lnuIclihent does not charge an Of
tense Hence the conviction was erron
eous. Wv"
Opinion by Hurt. p. j.
j. NJ. BRYSoN from Wilbarger; coov,c.
non for using abusive language-Af-
firmed.
Inc Indictment is sufficient. The sur-
gestlon that the court erred In usinp tbo
word Bryan instead q .Brysou in the ch,ryo
to the jury is trivial. In that connertion
ihe use OF the word Bryan term him the
defendant. anu 'ne
Opinion by Henderson. J.
H. L. CALcoAT from Nolan; convicted inv
Reversed. s'oN''ou
The Indictment falls to alice TIM, an
peiiant was not qualified TO vote In tho
eiection precinct where he offered to vote
al the next State county or m,p,c,r,,
glec'ion, This was a necessary alleration
me indictment is fatally defective
opinion by Davidson, j.
BOB STONE. from Hardeman: conv,ct,,r
lcf selling liquor to a minor-Revccsed
me only question is as to the sutficiency
OF the evidence The law requires that
inc sale be made 10 the minor with know
euse OF his minority The State mus.
prove this either as a fact or by circn,o
stances. The minor in this case wa. !
inchn. u - ana ~ years OF age. 8 feet 10
anehes IN height and weighed 100 nornns
, me prosecutor had Informed desepInnt |
wa. ne was u Years of age. The circnm.
stances snow that appellant had no reoann
TO doubt this statement. ' N'"s'h
opinion by Henderson. J.
VI, =. NiNGSBuRY. from McLenna,. 10,
,,; o.on OF being an accessory to thc com
.ai's'on OF theft over s50-Reyersed.
N n In