Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 224
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224 IMORGAN V. THE STATE. [Term of
Opinion of the Court.
did, that they were authorized to find him guilty of an aggravated
assault, if he was an adult male, and had made an assault
upon a female.
If, however, the charge of the court was strictly accurate in
every particular, we would be compelled to reverse the judgment,
upon the ground that it is not sustained by the evidence.
The indictment charges appellant with making an assault upon
3fart4a Gornan; the proof shows that the alleged assault was
upon iaiary Gorman. As no notice was taken by counsel of
this discrepancy in the record, between the indictment and
statement of facts, it may be that it is the result of inadvertence
or carelessness in preparing the transcript. The judgment
of the court, however, cannot depend on speculations or
probabilities as to the correctness or accuracy of the transcripts
upon which we are required to act. If they are erroneous it
is the duty of the parties interested in, or to be affected by
them, to point out their errors, and to take the proper steps for
their correction. When this is not done, evidently the court
must treat, and act upon them, as being in all things correct,
as certified by the clerk.
The judgment is reversed and the cause remanded.
Reversed and remanded.
CHARLES MORGAN v. THE STATE.
OATH OF JURY IN CRIMINAL CASES. The use of any other oath than that
prescribed in Art. 563, Code of Criminal Procedure, in criminal cases, is
cause for reversal on appeal.
APPEAL from Trinity. Tried below before Hon. L. W.
Geo. Clark for State.
DEVINE, J. The appellant was convicted of the offense of
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/232/: accessed August 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .