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: 284
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281 JORDAN V. CORLEY. [Telm of
" was not himself in fear of his life, or of bodily harm from the
"robbers, so as to deter him from making any demonstration
"to prevent the commission of the offense, and that he subse"quently
made no effort to expose the circumstances, but concealed
the same, then he, the defendant, is guilty of agreeing
"to the commission of the offense, and is liable as a principal
This portion of the charge informed the jury that the presence
of the accused at the time of the robbery, his failure to
give the alarm, his silence, his inaction, and the supposed concealment
of the offense by him, were sufficient to authorize a
conviction. This is not the law. Article 218 of the Code
requires an advice given or an agreeme nt e entered into to commit
the offense, coupled with an actual presence at the place
and time of the doing of the illegal act, to sustain a verdict of
guilty in a case of this character. The charge was calculated
to mislead the jury, it omitted to state the law applicable to
The defective verdict, and the errors in the charge, required
the granting defendant a new trial.
The judgment is therefore reversed, and the cause is remanded.
Reversed and remanded.
JAsMES M. JORDAN v. JAMES A. CORLEY.
1. INJUNCTION. An application for injunction to enjoin a sale under execution,
which was issued on a judgment rendered in 1870, which is
based on the allegation that the execution was issued more than twelve
months after judgment, is not sufficient; it should negative, by proper
averment, the fact that any other execution had issued before that time.
2. JUDGMENT NOTICE. When a party to a cause submits his defenses in a
matter within the jurisdiction of the court, he cannot plead ignorance
of the subsequent proceedings and judgment rendered.
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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/m1/292/: accessed November 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .