The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-01-23
[IEl COURTS DECISIONS.
r,,,,,oss Handed Down at the
= Latest Sittinas'
corR1s OF CIVIL APPEALS
-.r.cd and Renanhed' DIE
Pc =" md otherwise Dispose"
''' oe-,rhc Motion Docket

,s January % Following
spn' :, oninions rendered by court
.,mInal appeals yesterday, .o0v,c,ion
,,,yrs from Tarrant; conviction
W. Ms,aied assault-Affirrued'
's ..,ement Of facts can not be con-
rse they are made up oil ques-
rev. Va answers. The bills Oh eAI ,ei,,ion
4. sSiely TO the admission anu , .,
N,aSnre. and there being no s'a ,,hnihnr
W. re are unable to deternlihe mn
.sr,Isslon or rejection oi such o''a'"'e
error ,,., u 7
l.scIsco GRANpE, JR, from nr Menrty y :
Nssi, ,Il for receiving stolen properly
1,,I inc same to have been stoien
~ ma trial. the court charged the Jury
,.,stion of recently stolen prop
yha record discloses that appeiiah.
M explanation, and II he hau, NV
" given has been frequently neiu 10
,uneous. Appellants defense was tnn n,
nn,shased the property. lhls Tue eou''
y ~ properly submit to the jury.
oinion by Davidson, j.
HENRY. from Limestone; conviction
rsming-Appeal dismissed.
40 recornizance does not bind appellant
s,..r before the trial court from day
dsv etc. as required by law.
niniou by Henderson, j.
cANNADAY, from Kaufman; conv,c-
an for carrying Il pistol-Appeal as
Kissed.
No recognIzance recites that appellant
"a. charged with the offense of unlaw-
carving arms" This constitutes no
nae
Ipiiou by Davidson, j.
\ SWAIN, from Kaufman-Appeal dis
Used.
l, recognlzance in this case is the same
ID the Cannaday case. supra.
puion by Henderson, j.
ri DAVIS, from Tarrant; conviction
robbery under article S57, Penal Code
Reversed.
NJ evidence for the State tended to show
The prosecutor had taken room al
house Of lowd woman; that ne hau
oI, and while there displayed the same.
put 1t under the head of the bed and
seuuently was awakened by appellant
had secured the pistol and accused
kecutor OF carrying the same, and MADE
get UP, and told him he was going to
n him to Jail, but told him he would
him loose If he would pay him $l5
be did finally pay him So Appellant
liied that he saw the prosecutor with
pistol that the prosecutor was flour
Ing 1t around, that defendant took the
ol from under prosecutors bed, and
him he was going to turn him over u
officers. He denied receiving any money
b the prosecutor. The court charged
Jury, among other things. III defend
threatened to accuse and prosecute All
BIT (prosecutor) for unlawfully carrying
siol. and that Alright had not then oil
retofore unlawfuly carried pistol ir
presence Of the defendant, and you
her find from the evidence that the
endant by such threat did fraudulentlN
uce alright to doliyor to the defendant
70 In money, to find him guilty" Ap.
lant objected to this charge on the
und that the court took from the jur!
right to pass upon whether the act;
led were injurious to the character o.
scn Of the prosecutor. In this charge
court In effect instructed the jury tina
defendant threatened TO accuse an(
secute Alright for unlawfully carryin.
isiol, unless said alright had carried
pistol in his presence, that this thrca
10 DO an unlawful act. and If by sucl
eat he induced the said Alright to de
10 him $3.50 to find him guilty. w
not SO understand the statute. TIL,
al to accuse person of an offense
such person is guilty of that of
Y and the party making the threa
n he Is guilty, is not a threat to d.
illegal act. The act threatened must il
be an unlawful act.
pinlcn by Henderson. J.
hlssed.
DC record does not contain notice of an
'Dlnlon by Hurt. p. j.
Deli bEAUF1ER. from Dallas. cony,c
% dismissed '' ''''' So
Il ,mule,ment charges that appellan
,rs "as.ly' wlifully and mischieyousi
iben IAN s property, to-wit: a bugg,
hdls =, anu there removing from IN
the vs, sa'u buggy a tap, then and Their
ana 'si ,a oil % cents. The said bugg
e. INV 'neIe The property of Charle
rmor, . molten was made In arrest {
n, s.,s. GA me ground that the lndjct
mutt .u 10 ailefe the value of the prou
ipira ~ ny reference to the statut
srsd ,n's ohonse it will be seen tina
Eonrsrne one: SO far as the punishmer
.uSeIhed. II the valnn ~ .... -.