The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-05

GUS JACKSON. from Dallas 1.-TWO cases,
conviction for burglary-Affirmed
There arc no bills Of exceptions or state |
ment of facts In the record The indict-
ment and charges Of the court are SUI
ficient.
Opinion by Hurt. p. J.
LULA CARLISLE. appeal from Tarran,;
murder, life sentencc-Affirmed
Several bills OF exceptions raise the
question as to the admissibility of appel-
lant's confessions. All the bills show that
such confessions we're made after she hid
been duly warned by the officers. The
court submitted to the Jury the question
whether or not the confession made 20
Davidson (the officer) was voluntarily
made after having been warned by him. and
also the question as to whether or not the
confession made to Martha Cotton was free
and voluntary. The jury were instructed
that they would not consider said confess
sion unless voluntarily made. This charge
was favorable to the defendant. The con-
LESSONS were admissible
Opinion by Hurt, +. ].
]. W. BROWN, from Tarrant; conviction
for windling-Reversed.
The indictment sufficiently alleges
swindling. The evidence showed that de-
PENDANT came to the jewelry store of pros
ecutor and bought a ring and gave prose-
cutor a check, that afterward he returned
to the store, stating that he desired to ex-
change the ring. He then selected ring
and a pin and agreed to take them at the
price asked, and they were delivered to him.
Defendant asked prosecutor for the check
he had before given him. which was re-
turned to defendant. who thereupun gave
prosecutor another check for the ring and
pin--ths last check being the one set out
in the Indictment. At the time defendant
showed prosecutor a certificate of deposit
in the First National bank OF Fort Worth
for $50. and stated that he could give
him check on that bank. but that was
firm money and he preferred to give a
check on his personal account. Prosecutor
testified that he parted with the possession
and title OF the ring and pin wholly upon
the strength and b. reason of the check
which defendant gave him therefor. We
have examined the authorities accessible to
us and have found no case where the mere
drawing OF Il check on a bank in which de-
PENDANT has no funds and no credit will
constitute the offense of swndling
Option by Davidson ].
GUS JACKSON. from Dallas: conviction
for burglary--Affirmed.
There are no bills OF exceptions or state
ment Of facts in the record The indct-
ment and charge Of the court are sufficient
Opinion by Davidson. j.
TET WILLIAMS, from Ellis: conviction for
murder Affirmed
The facts can no, be considered, because
filed too late. In the absence Of the facts
bills of exceptions to the admission OF tes-
tlmony can not be considered. At the re-
quest of the jury the court gave them an
additional instruction. In this there was
no error.
Opinion by Davidson. j.
ALIEN FREEDMAN, from Navarro; CON
victon for knowingly selling liquor 10
ninor-Reyersed.
Upon the trial the State was permitted to
prove that defendant sold several minors
beer on different occasions This testimony
was objection TO. 1t was clearly inadmissi-
Bile.
Opinion by Davidson, j.
MONROE MJUNKINs. from Navarro; con-
| viction for theft-Reversed
Tho complaint chlrges the theft or the
LIST day of September, 1894. The informa-
ton charges It on the lst day of September,
| 1925 This variance is fatal. The informa-
| tion is further fatally defective in alleging
that the offense was committed on Septen.
| her l, 1895. and the information was flied
| August ~ 1895.
| Opinion by Davidson. j.
|
| w. II. GARRETT, from Navarro; conVlctlon
for perjury-Affrmed
| The diligence shown in defendants mo-
| .;o,, ,r = oortin,,rco is surfctont hut fin
''o" iva TT.
evidence Oh tue apSeu' "''"eN9eS 10 ""V'
| immateral. The court properly admitted
evidence to show the contents OF the note
and that said note was lost, Appellant con-
tends that the indictment Is defective IN not
alleging the character of the issue Joined
between the parties in the civil suit inc
allegation that issue was joined between
the parties was in accordance win me ap-
| ieyation Chen and there il became a ma
terial question whether the said note sued
upon was executed anu signed py .ns sa,i
W., =, 1', ,So e.o orscter Of the isaue ioned
and Of proof to show the materially of the