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: 232
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232 BLOW & MORRIS V. HEIRS OF DE LA GARZA. [Term of
ever, intending to intimate any opinion as to the proper conclusion
which should be reached in a more full and careful consideration
of the case-that, in view of the vague and indefinite,
and somewhat contradictory testimony on which it was tried, the
absence of such instructions as would probably have enabled the
jury to have given a more full and thorough consideration to
the evidence applicable to the only real and vital question in
the case, the nature of the offense, the circumstances under
which it is alleged to have been committed, the difficulty of
disproving the charge in most cases of this kind when unfounded,
the extreme penalty of the law imposed'by the verdict,
and the humane and merciful principle of our criminal law,
giving the accused the benefit of all reasonable doubt, the
motion for a new trial should have been granted.
The judgment is reversed, and the cause remanded.
Reversed and remanded.
GEO. BLOW AND JOHN D. MORRIS V. HEIRS OF DE LA GARZA.
1. INTERVENOR, WHEN NOT AFFECTED BY STATEMENT OF FACTS. When
a statement of facts is made up by the plaintiff and defendant, which
is not signed by an intervenor's counsel, and which is made without reference
to the intervenor who prosecutes a writ of error, the same cannot
be regarded in considering the rights of intervenor, whatever errors may
have been committed, as between the plaintiff and defendant.
2. EXHIBITS, EVIDENCE. The fact that copies of intervenor's deeds, constituting
his evidence of title, were set forth as exhibits in his petition
of intervention, cannot be regarded as proof of title, in the absence of a
statement of facts; nor can the testimony contained in a statement of
facts to which the intervenor was not a party, made up between other
parties in the suit, be looked to, to show that the deeds were used in evidence.
ERROR from Victoria. Tried below before the Hon. T. 0.
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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/m1/240/: accessed July 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .