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: 299
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1875.] LOPEZ v. THE STATE. 299
Opinion of the Court.
which one holds by appointment the office of district clerk, will not be
determined, on the appeal of a criminal cause with which the clerk has
no further connection than as acting clerk, certifying to the transcript.
APPEAL from Cameron. Tried below before the Hon. Edward
The constitution, Article 5, Section 9, provides that the clerk
hall be elected for four years, subject to removal for cause,
By the record it appeared that the former clerk died, and
that the judge appointed Mr. Glaevecke, the actual incumbent,
to hold the office until the next general election. It was contended
that notwithstanding the legislature authorized this appointment
(see Act of May 7th, Laws of 1873, p. 64), yet that
the law was in violation of the constitution, in enacting a different
tenure from that fixed by the constitution; and further,
that said law was in violation of Section 23 of Article 1, and of
Article 2 of the constitution.
Powers & JM-axan, for appellant. ok
Geo. Clark, Attorney-General, for The State.
DEVINE, J. The appellant was convicted of an assault with
intent to kill.
Tlle charge of the court is assigned as error, as being in its
material portions a series of abstract propositions not applicable
to the case, and as being hypothetical and not applied to
the evidence in the case, and as tending to mislead the jury to
the prejudice of the defendant. The charge we believe to be
substantially correct, and while it is open to objections, they
are not of that character that would require a reversal of the
judgment in the case at bar. In connection with the question
of presenting to the jury questions of law, or directing their
minds to the consideration of matters which have little or no
connection or relevancy to the evidence in the case, we believe
it proper to declare that the practice which, during the
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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/m1/307/: accessed October 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .