The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-06-25
|l9Er COURT DECISIONS.
.,,.,, Of Opinions Handed Down
;, che Latest Sitting.
|rar COURT OF CRIMINAL APPEALS


,~ood Case Affirmed and
80. Evidence Held 10 Have
Seen properly Admitted
!, r.,.s June 2S.-Followins are
n. Il the opinions delivered by the
:, criminal appeals today:
psRFlELD. from san Saba county;
.,.,ion Of altering the marks upon
Sass with intent TO defraud the own
Appeal dismissed .o,,.,. H..
.s,nased guilty OF theft OF nogs. The
us, he dismissed for want of n
s,sncc in conformity with the jug
Il conviction.
,,Iou BY Henderson, j.
.,nvcACRE. from Esath county; con-
An Of assault with intent to :nu DER
Efrued.
ne court did not err in overruling
ANT, motion for continuance, prod
4 nnou the absence OF the Witnesses,
!. poucber and Graves. Graves Was
=, At the trial and testified, so there
ysAlnr In the application rs 10 lin.
I, he two absent witnesses named. due
r,,s to procure their attendance IS not
4. and their testimony. ii given as
Ia the application, would net prob
/. true or affect the result.
Ma testimony OF Graves in regard to
Shut was improperly admitted. but
rheouent exclusion from tine oonsid-
~ Of the Jury by the trial judge cured
ypr, as the testimony was not O. a
10 iniuriously affect the rights of APP
Nj
me court did not err In refusing TO
h % aggravated assault because that
d not made by the evidence. and II
at err In charging on provoking the
rly, because that issue is made by
uiience.
aicn by Henderson, ].
ll0N ROCHA, from Webb county
Irietlon Of burglary-Affirmed.
lhe trial Judge instructed the Jury
hey might assess defendants pun
xit at confinement in the State re-
story ~ they found that he was not
than Is years Of age" Appellant OBJ
b this charge because it does rot
Y the Jury to the issue Of Defendants
n the time OF the trial. No question
defen1ants age at the time ~ the
made BY the evidence. 1t Is shown
\ was less than l6 years ct are at
rf
ne evidence is amply sufficient even
% sccomp!!ce's testimony IL elm
from the case.
lsa BY Davidson. j.
io TREVIN0. from Dewitt county;
xdon Of murder in the acconji desree
eztd
pieged newly discovered evidence OF
sSess Soledad Trevino Is not rrob-
'x and the court did not err i'll re-
ne motion for new trial prcdicated
fn by Hurt, p. J.
SO VlLLEGAs. from Webb county;
flon Of burglary-Affirmed.
sale proved over appellants OBJ
lMt when he was under arrest ard |
Saalge oil an officer he threw away |
Keys and that when questioned |
ne stated that they belonged TO
I'M statement was made by ap-
Salie under arrest and before he
~ suned that it might be used |
~ VIM mo its admission in ev dance |
WV, lls record. however, niscloses
'sraI made a voluntary statement
NC ane matter after benz tau-
plea. 'e" ""' 'i''e-o''
asa BY Hurt. p. J.
..VhAsON, from Bell coun,y; con-
w aggravated assault-Atf;rmed. |
'naslee is not incorporated in the |
Mo i contains no bills of excep-
1slghments of error. The cues
'''ea'ea can not therefore be con-
l@ by Davidson, ].
.ssSh..h"o0D, from Harris; conviction |
,Maety-Affirmed.
nau, made a motion for I con-
,meuleated upon the absence of |
4, s,ah by whom he cNpec ed to
\. ailoi Due diligence 10 procure
'uasnee OF these witnesses IS not |
a nv ~ lhey had been present and
a. " Is alleged they would, their
"'u'u not have established an |
burger, a CO. defendant with APP
100 allowed to testify agy,nst up
,,ss,., ne trlal below. lurSsr ied |
n. Susiy convicted in another rob
aaa bis appeal was then pending.
,rs S mol a convict and his evidence
Yetly admitted
IN u s is sufficient.
- W Davidson. j.
d sa,,, from Bnrnet county; convic-
s,.hs.ie theft--Afflrmed.
s,,,,aas application for a continue
lnsa on the absence of the Wit
IN ~, bolton and Armstead, was
N ,s.f We are of the opinion
sould tniohy Of these absent Wit /
i. s,s nave been totally false II they
IA ss.ht at the trial and had sworn |
~ me application.
o, %e 10 a question propourhci |
b ,bs. I'VE Jurors, the court charged
mIsS, they found defendant gull
In anix his punishment at con-
n M, '1e penitentiary for any term
NJ iess than TWO nor more than
h. a. 10 their Judgment aud dis
Tb,, uchce may require and de-
lso I h. charge is correct.
lon aaaaE;vlNo. from Dewitt county:
irns y murder in the second degree
Tree companion ease to that of
" shs. reported above. and its
ou ISuSo'Iantially the same.
w Davidson. j.
d ,Ia,. from Travis county; oonvic-
n.d '0ia'lng the local option law
ss p, offered to show that he was
Xii ., o' The Manor Casino. o rri-
Sat- W. chartered under the laws
ana that the alleged ,,Ie was