The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-10-15
HIGHEST COURTS DECISIONS
Synopses Of Opisioss Headed Down
BY Highest Tribunals.
THE COURT OF CRIMINAL APPEALS


crlHindi appeals met today and delivered
the following opinions:
y. j. TAYLOR, from Harris county, an.
pellant was convicted Of the theft al tMo
head Of cattle--Affir,ned
Held that there was no error in refusing
continuance for the want Of the w.t.
nesses. v. Fl. and Il. e. vasdick, because
suih testimony was shown to be immaterial
on the trial. And as to other witnesses no
diligence was shown.
The answer OF the witness, John Lane.
was not calculated TO prejudice the o0se
Of appellant. Therefore not error to permit
the question.
There was no error In asking the defend
ant while on cross examination II he mad
not driven OFF certain other cattle, he an
swering no; nor was It necessary to limit
the scope of such testimony in the charge.
The testimony of the witness. Morse.
having been excluded by the court there
was no error in connection Herewith; there
being nothing in the record showing that
the court abused its discretion In limiting
argument in said CAUSE. The charge was
amply sufficient and there was no error in
excluding special charges asked
The testimony set up In motion for
new trial as newly discovered. must have
been known to defendan. during the trial,
The evidence is sufficient TO support the
verdict
Opinion by Davidson, ].
BURRAs GEAR. from Matagorda county;
conviction for the theft of hog-Af-
firmed.
mn H.. &s..cr t1,A
witness. Bames, to identify the hog by It's
car marks. The evidence is sufficient 10
show intent to steal and the verdict Is In
proper form.
Opinion by Hurt, p. J.
JOHN CHESSON, from Orange county:
conviction for theft OF hogs.--Affirmed.
Held that the charge OF the court was
sufficient and that there was no error in
refusing special charges The evidence 10
amply sufficient.
opinion by Henderson, ].
ED DAVIS from Henderson cOunty; con-
yiction for simple assault-Affirmed.
Appellant was indicted for an aggravated
assault and the testimony may have war
ranted a conviction for such. but We fail
to see how appellant could complain be-
cause the jury found him guilty OF sim
pie assault. Tho evidence is sufficient to
sustain the verdict.
Opinion by Davidson. J.
HENRY WILSON, from Montague county;
conviction for burglary-Affirmed. i,
The record docs not contain statement
of facts of a motion for new trial. nor
bills of exceptions. Appellant made mo-
ton in arrest of Judgment, alleging the
insufficiency of the indictment. We think
the indictment on it's face TO charge the
offense.
Opinion by Davidson, j.
LOUIS ANDERSON, from Cherokee coun-
ty; conviction for murder and given
life term in the penitentiary- ffirmed.
There is no statement Of facts or bill Of
exceptions in the record There Is no error
in the record.
Opinion by Hurt, p. ].
ID. p. YATES, from Frio county; conviction
for theft Of cattle Reversed aud re-
manded.
Held that the court erred in excluding
certain testimony offered by defendant
tending to weaken the testimony OF the
prosecuting witness by showing that he
was mistaken in the identity OF certain
other cattle taken at some time. and that
the court failed to properly define prin-
cipals in It's charge.
Opinion by Henderson, J. !
BILL WYNN. from Shelby county; con-
yiction for falling to work road-Re-
versed and remanded.
Because of variance between the al
legations in the information and the PROOF
the Judgment is reversed and remanded.
opinion by Hurt, p. j.
SHERMAN GRAYsoN, from Nacogdoches
county; conviction for an aggravated as
sault-Reyersed and remanded.
The indictment charged an aggravated
assault in that serious bodily injury was
inflicted upon the person assaulted and the
evidence is insufficient TO sustain SUCH
charge. The court below erred In charg-
ing that IL the said assault was done with
because that particular kind of aggrava-
ton was not charged in said indictment.
Opinion by Henderson, J.
CHARLEY HAM, from Wood county con-
yiction for an assault with intent TO
murder-Reversed and remanded.
Because the appellant was deprived OF
the privilege and prevented by the district
attorney, who prosecuted this case. OF hay-
ing a statement OF the facts incorporated
in the records OF this case the case Is re-
yersed and the cause is remanded.
Opinion BY Davidson, J,
ABE RICH. from Anderson county; con-
yiction for betting on a public election
Reversed and rsnandcd.
1t appearing that there was no complete
bet made between the parties. but on an
agreement to bet, we are Of the opinion
that the evidence is Insufficient to support
conviction.