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The Texas Criminal Reports Volume 43

The Texas Criminal Reports Volume 43
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 370
Release: 2013-09
Genre:
ISBN: 9781230076690
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...convicted. Now, it is claimed that the citation of this case and the discussion of this matter before the jury was such misconduct as was calculated to injure appellant, and properly so, as one of the jurors admitted that it had some influence with him. While, as we understand the evidence, the ownership was properly laid in the owner of the cotton yard, in whose possession the two bales had been left by the respective owners when they were taken, and this whether or not he was responsible to the owners in case of loss, yet an issue was made before the jury as to this question of special ownership, and the court charged on it; and we are not prepared to say that the discussion of the case cited by one of the jurors as illustrative of his contention may not have had its bearing on the jury in reaching a result on this proposition. Appellant also contends that there were two separate takings of the cotton, and that the court ought to have given his requested charge on this subject; that appellant, at most, could only have been convicted of a misdemeanor in taking one bale. Referring to the statement of facts on this subject, we find that some of the facts were agreed to, and certain issues left to be determined by the testimony. Among these issues was whether the two bales of cotton, neither being worth as much as $50, were taken at the same time, and under circumstances constituting a single taking. Witness Hurt testified on this subject as follows: That he was the owner of the cotton yard, and the two bales (one belonging to Edrington and one to Turner) were taken out of his yard on the night of the 14th of June, 1901. That the two bales were not side by side when stolen. They were about thirty steps apart. The parties who stole the...

The Texas Criminal Reports Volume 77

The Texas Criminal Reports Volume 77
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 382
Release: 2013-09
Genre:
ISBN: 9781230065946
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...traflic, although all openings were closed. This court said: "If even tlfc doors were closed by 'defendant, as is here shown, and parties passed in and out as they pleased, that would be evidence of the fact that his saloon was open." In that case the word "open" was not given its literal meaning, but it'was taken in connection with the other provisions of _the Act and given a sensible construction that would effectuate the purposes of the law. So in this case, it is our duty to give to the article of the Code the construction that will render it effective----prevent people from keeping open on Sunday their theaters and such place of public amusement where a remuneration is expected and received by the proprietor for so doing. In this instance it is shown he received $30.50 for the performances given on that day, which we are satisfied is about as much as he would have received had a ticket seller stood at the door and demanded an admission fee. Since this court construed the Sunday law as prohibiting the operation of moving picture shows on Sunday in Ex parte Lingenfelter, a session of our Legislature has convened and passed. During its session a bill was introduced authorizing cities to permit moving picture shows to be operated on Sunday if they so desired, it being House Bill No. 182, and it was overwhelmingly defeated, the vote being '72 to 43, thus making it clear that it was not the intent and purpose of the Legislature in enacting the Sunday law to permit moving picture shows to be operated on Sunday. In the opening chapters of that holy book, the Bible, we find that "in the beginning God created the heavens and the earth.... And the heavens and the earth were finished, and all the host of them....

The Texas Criminal Reports Volume 60

The Texas Criminal Reports Volume 60
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 356
Release: 2013-09
Genre:
ISBN: 9781230063485
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ... each case fixed the bail in the sum of Four Thousand Dollars. I agree that the judgment refusing bail was erroneous, and that such judgment ought to be reversed, and, as I believe, the cause should be remanded in order that the matter may be heard on its merits and to the end that justice may be done. For 'many years prior to the decision in the case of Ex parte Newman, 38 Texas Crim. Rep., 164, it had been held in this State that after an indictment is found, that the burden of proof rested upon the applicant to show the facts entitling him to bail. This had been the uniform holding of this court almost from the day of its organization until the rendition of the Newman opinion. Judge Willson, whose accuracy can most generally be relied upon, says, after referring to the Scoggin's case (6 Texas Crim. App., 546), in Ex parte Smith, 23 Texas Crim. App., 100: "This rule was reaffirmed in Randon's case (12 Texas Crim. App., 145), and has not been overruled, or even questioned, in any subsequent decision of this or any other court, that we are aware of; but on the contrary, stands approved by every authority, without a single exception that we have examined. (Church on Hal). Corp., sec. 404; Ex parte Vaughan, 44 Ala., 417; Ex parte Strange, 59 Cal., 416; Ex parte Springer, 1 Utah, 214; Hefren's case, 2'7 Ind., 8'7; Rhear's case, 67 Ala., 94; Jones' case, 5.5 Ind., 176; Kenda1l's case, 100 Ind., 599; Street's case, 43 Miss., 1; Bridewell's case, 57 Miss., 39; 1 Bishop Crim. Prac., sec. 262; Lynch's case, 38 Ill., 494; Hurd on Hab. Corp., 438-446; Cooley's C-onst. Lim., 380; Tinder's case, 19 Cal., 539; Mill's case, 2 Dev., N. C., 421; Hight's case, 1...

The Texas Criminal Reports Volume 89

The Texas Criminal Reports Volume 89
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 366
Release: 2013-09
Genre:
ISBN: 9781230004167
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...in the view that under the record, as presented, error is shown to have been committed in receiving the testimony complained of. The motion is overruled. Overruled. While, under Subdivision 5 of Article 717. C. C. P., the defendant nail the right to make a preliminary statement before introducing his evidence. there was no error in not permitting him to read to the jury an aflidavit made by his mother stating that defendant was insane and had been twice adjudged a lunatic and placed in the asylum. 2.--Same--Insanity--Void Judgment-Judgment of Lunacy--Evidence. Where the lunacy judgment in evidence relied upon by defendant bore upon its face evidence that the decision that he was a lunatic was not made by a jury but by a commission which purported to act under Chapter 163, Acts of the Thirty-Third Legislature, which has since been declared void. the same was without force and effect; besides, the evidence showed, in the instant case, that the defendant had been released by the officers of the asylum upon parole, and that the offense took place nearly two years and a half after his release. and that he had been without restraint and had gone at large, and there was nothing upon which the inference could be based that his liberty was not with the full sanction of the asylum authorities. said judgment was not a bar to this prosecution. Distinguishing Hazelwood v. State, 79 Texas Crim. Rep., 483, and other cases. 3.--Same--Argument of Counsel--Lunacy Judgment Where, upon trial of robbery, the defendant introduced a certain lunacy judgment, there was no error in the State's counsel's argument that said judgment was void and had been so declared by the Supreme Court; besides, no request was made to withdraw same. and there was no reversible...

The Texas Criminal Reports Volume 69

The Texas Criminal Reports Volume 69
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 374
Release: 2013-09
Genre:
ISBN: 9781230109404
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...on the former appeal, and the judgment is afiirmed. Aflirmed. Rehearing denied, Ma.rch 26, 1913.--Reporter.. BUD SIMPSON v. STATE. No. 1976. Decided February 26, 1913. Rehearing denied March 26, 1913. 1.--Murder--Statement of I'acts--I'i1ing--Signature of Judge. Where the statement of facts was either dated back, or when filed did not bear the judge 's signature, the same could not be considered on appeal. 2.--Same--Approva.1 by Judge--Statement 01' Facts. The law provides that the statement of facts must be signed and approved by the trial judge, and he is not required to approve a statement of facts, if he does not deem the ame correct. Art. 824, Code Criminal Procedure Upon trial of murder, there was no error in admitting testimony that the defendant had served a term in the penitentiary; it not appearing that it was too remote. 4.--Same--Evidence--Bi11 of Exceptions. Where the court refused to approve a part of the bill of exceptions and defendant accepts the same and does not resort to a bill by bystanders, the bill of exceptions, as presented in the record, will be considered on appeal. Following Blain v. State, 34 Texas Crim. Rep., 448. The acts, remarks and conduct of the deceased right after the shooting were admissible as res gestae. 6.--Same--Objections--Practice on Appeal. Where the record showed that no exceptions to the testimony were reserved, there is nothing to review on appeal. 7.--Same--Charge of Court--Statement of Facts--Presumption. In the absence of a statement of facts, if the charge of the court is applicable to any state of facts which can be proved under the indictment, the presumption is that the court charged the law and all the law applicable to the case. Following Wright v. State, 37...

The Texas Criminal Reports Volume 57

The Texas Criminal Reports Volume 57
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 346
Release: 2013-09
Genre:
ISBN: 9781230012896
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... they first believed that his testimony was true, and connected the defendant with the offense charged, and that then they could not convict upon said testimony unless they further believed that there was other testimony in the case corroborative of the testimony of said witness, and connected the defendant with the offense charged, and that the corroboration was not sufiicient if it merely showed the commission of the offense charged, such charge was equivalent to instructing the jury that the witness was an accomplice, and it was not necessary to define that term. Where, upon trial for murder, the court's charge, taken as a whole, applied the law to the facts of the case and to the allegations in the indictment with reference to the means used by the defendant in efiecting the death of the deceased, there was no reversible error. 6.---Samc--Charge of Court--Murder in the Second Degree. Where, upon trial for murder, the evidence did not raise the issue of murder in the second degree, there was no error in the court's failure to charge thereon. 7.--Same--Evidence--Ioral Turpitude of Witness--Judgment. Upon trial for murder there was no error in the court's action in sustaining an objection to an attempt on the part of the defense to disqualify a State's witness, on the ground that he had been convicted of a felony, without offering in evidence such judgment of conviction. See opinion for facts held sufficient to support a conviction for murder in the first degree, assessing the punishment at imprisonment in the penitentiary for life. Appeal from the District Court of Tom Green. Tried below before the Hon. J. W. Timmins. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the...

The Texas Criminal Reports Volume 88

The Texas Criminal Reports Volume 88
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 380
Release: 2013-09
Genre:
ISBN: 9781230113166
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...should have been sent up in the record so this court could fully understand the situation and how the bill was filed, and connecting circumstances, the application for certiorari will be granted, and the clerk of the trial court ordered to send up an additional transcript showing these bills of exception and the true status of the case. There may be questions for discussion when the matter is before the court, first, whether this court under all the circumstances.will consider the bill as filed by the judge with his qualification under the circumstances stated; second, whether this court will consider the bystanders' bill in connection with appellant's exception to the action of the court in qualifying his bill without his knowledge or consent, and filing it in the record. The application for certiorari, therefore, will be awarded and the clerk of the trial court directed to send up an additional transcript showing these matters. Order for additional transcript. OPINION, May, 1920. MORROVV, _lUDGE.---The appeal is from a judgment condemning appellant to confinement in the penitentiary for a period of fifteen years for the offense of murder. On the 26th day of September, 1916, the appellant, while in the room with the deceased, fired one shot, using a shotgun loaded with squirrel shot, which took effect in the neck of deceased, resulting in partial paralysis, and from this wound death resulted on December 23, 1916. The dying declaration of deceased, made November 6, 1916, was introduced in evidence. The sufficiency of the predicate is attacked, and the bill refers to the testimony of the witnesses Lincoln and Vebster in the statement of facts. E. L. Lincoln, attorney who took the dying declaration, testified that he...

The Texas Criminal Reports Volume 56

The Texas Criminal Reports Volume 56
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 364
Release: 2013-09
Genre:
ISBN: 9781230068046
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...stabbing and cutting him, the said Wash Anderson, with a knife and other sharp instrument, and by then and there (meaning the time and place last above mentioned) striking and beating him, the said Wash Anderson, with a stick and a rock, and by then and there (meaning the time and place last above mentioned) burning him, the said Wash Anderson, with fire, and by then and there (meaning the time and place last above mentioned) using other means and instruments to these grand jurors (meaning the grand jurors who presented said indictment) unknown, by which he killed and murdered him, the said Wash Anderson. against the peace and dignity of the State, and in which said criminal judicial proceeding issue was then and there. in said court. in said county and State, on or about said May 15, 1907, aforesaid, duly and legally joined between said State of Texas and the said Cbarley iIc("lure, ' and came on to be tried in due form of law before said judge and a jury duly organized in said cause, and in that behalflegally empaneled and sworn, and was at said last mentioned time and place tried before said judge and jury, and then and there, in said court, upon the said trial, John Anderson came and appeared in person as a witness in behalf of the State of 'l'c.'as, and was then and there, in and-before said court, at and during said trial, duly and legally sworn, and did then and there take his corporal oath before said court and jury as a witness to testify in said cause on said trial, which oath was then and there required by law and necessary for the ends of public justice; and which said oath was then and there. in said court, on said trial, duly administered to him, the said John Anderson, as aforesaid, by John T. Campbell, the...