The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-06-11

The rccognlZance IN TINS case Is lalaily
defective in two particulars. 1t does not
undertake to set out two essential elements
OF the offense charged In the indictment.
viz. the fact that the sanitary commission
had made its orders, rules, regulations aud
directions and that the governor had is
sued his Proclamation thereupon.
Opinion by Davidson. j.
ANDY EVANS. from Bell county; convic-
ton for knowingly cutting timber upon
the land OF another-Reversed.
The information charges that the land be-
lcnged to Mrs. Griswold and that it was
known as the Moses Griffin survey. The
evidence shows that the land in question
was not the Griffin survey, but to the con-
trary. was the Moren survey. 1t Was not
necessary to allsge the name Of the sur
vey. But. the name having been alleged, It
became descriptive of the oneuse, and
should have been proved Us alleged.
Opinion by Hurt, p. ].
JIM uARRoLT, from Doney county; con-
victan for murder-Rcversed
The verdict of the jury reads as follows:
We. the jury, find the defendant guilty
as charged in the Indictment, aud assess
| his punishment at confinement in the peni-
tertiary for life" The verdict is fatally
defective in that 1t fails to specify or name
the degree OF murder Of which appellant
was convicted. article 7l2. Penal Code).
Opinion by Davidson j.
DIR. WILLIAM M'QuERRY. from Brown
county: conviction for giving n prescrip
| ton to Dolf Wyatt. TO be used by him in
obtaining intoxicating liquor in lacol
option precinc;.-Reversei.
The Information charges. and must OF
necessity charge. that the appellant gave
the prescription to wyatt. he being not ac-
tually sick. and without making a personal
examination OF said Wyatt. 1t was neces-
sarv for the State TO prove that Wyatt was
not actually sick at the time and that the
prescription was given without personal
examination. Neither of these facts was
| proven.
Opinion by Davidson. j.
CHARLEY RUCKER. from Atascosa coun-
| ty: conviction for assault with intent to
| mur1er-Reversed.
/. The court erred In ovorruling defend
ants first application for a continuance
predicated upon the absence of the witness
Jim Rucker 1t is shown that the evidence
OF this witness would have beon highly ma
terial. and We can not say that it would
not probably have been true. This having
! been first application for continuance, the
question OF cumulative evidence can not
be raised.
?. There was evidence tending to show
that Lamont and Saunders made the assault
upon defendant. The charge on self de-
Tense should have been given with refer
ence to the attack made by both. 1t should
not have been confined simply to the az
erosion and attack OF Lamont.
Opinion by Davidson. j.
ARTHUR LoMAX. from Houston county;
conviction of perjury-Affirmed,
Two errors are assigned, both of which
are based on the supposed insufficiency OF
the evidence. We are of the opinion that
the evidence is sufficient.
Opinion By Davidson, j.
DAVID TBIsCHEK VS.. ANTOINE
FRlrSCH; appeal from Lavaca county
Dismissed
The guardian of two minors sued out a
writ Of haheas corpus against appellant be-
fore the county judge to determine the right
of possession of the persons Of her wards.
he custody Of the children was awarded
to the guardian. and appellant prosecuted
this appeal. This proceeding is civil ac-
tiou. and we are without jurisdiction to
determine 1t.
Opinion by Davidson, j.
BELL WADE. from orange county: con-
viction for assault with intent to MUIR
der-Affirmed.
No bills Of executions wore rsseryo, 60
y. vN''P''oiS "e'e reserved 10
any ruling OF the court There Is no error
in the charge OF the court calculated TO in
iure appellant. and the alleged newly dis
covered evidence. set out in the motion for
a new trial. would not probably have
changed the result If 1t had been produced
Oh or rhlS rri IA. n.,.,sso
'''''uson' o.
lCATARINo CASTRO from wehr oo,,,,,,.
gree. with a twentv-fiye vn,rs, snn,en n
assessed Reversed
annel,o,, ku,oa ano.,,,
EOS. in the city Of Laredo Thora ,,.,s ~,
deneo tending 10 show tbo, taoaa.", -,
two assaults upon appellant on The n i
nf ,bo b,r,i.ida = /, =, 'i' Hlhht