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: 315
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18'75.] BUSTER V. THE STATE. 315
ing, like the verdict of a jury, will not be lightly set aside, it is
believed to be too late, after the lapse of twenty years, being
sixteen or seventeen years since the youngest of the plaintiffs
became of age, to institute an inquiry into the fraud alleged.
That the plaintiffs were, in fact, ignorant of the administration
and of the existence of the certificate until a recent date, does
not relieve them from the notice which the law attaches to them
and all others. It is not pretended that any fraudulent means
were resorted to to keep them in ignorance. The record shows
that the usual notice of application for letters was given, and
the usual record of the proceedings made. The law gave them
two years after they became of age to institute proceedings like
this (see Hart's Digest, Article 1230; and Paschal's Digest,
Article 4616) in the nature of a bill of review. Tils defense
was set up by plea, and though erroneously ruled out on exception,
we think the defendant entitled to its benefit. After so
great a lapse of time, it is too late, without some valid excuse
for the delay, to inquire into the question of whether the
administration and sale were invalid by reason of fraud.
The judgment is affirmed.
JEFF. BUSTER V. THE STATE.
1. VERDICT. It is the duty of the jury (1) To speak the truth between the
State and the defendant by their verdict of "guilty " or "not guilty "
of any one of the offenses of which he may be convicted under the
indictment. (2) If they find defendant guilty of any offense included
within the different degrees charged by the indictment, to assess the
2. VERDICT IN MURDER CASES. A verdict, " We, the jury, find the defend"ant
guilty, as charged in the indictment, and assess his punishment to
"be hung by the neck until dead," is insufficient to support a judgment.
APPEAL from Lamar. Tried below before Hon. J. 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/m1/323/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .