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: 703
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Evidence of an assault upon Mary Gorman will not support a conviction
upon an indictment for an assault upon Martha Gorman. Goor
man v. The State, 221.
Vendor's lien will been forced to secure the payment of the bid by
a purchaser at sheriff's sale above the satisfaction of the judgment, for
the payment of which credit is given by consent of the defendant in
execution. Yarborough v. Wood, 91.
1. The law as to reasonable doubt may not extend to the proof of the
venue, but the question is not adjudicated. Barrara v. The State, 260.
2. When an affidavit for a change of the venue of a criminal cause
is made, on the ground of prejudice, with supporting affidavits, as required
by Article 2994, Paschal's Digest, it cannot be overborne by any
number of counter-affidavits of a negative character. Walker v. The
3. The discretion given to a District Judge in determining the merits
of an application for change of venue, is a judicial, and not a personal
discretion, and his action may be revised by this court on appeal. lb,
PRACTICE IN THE SUPREME COURT, 14.
TRESPASS TO TRY TITLE, 2.
1. A verdict as follows: "We, the jury, find the defendant, H. C.,
"guilty of agreeing to the commission of the offense, and liable as a
"principal offender, and assess the punishment at seven years
"in the State penitentiary," found by the jury on a trial for robbery,
will not support a judgment. Ring v. The State, 282.
2. 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 punishment.
Buster v. The State, 315.
3. A verdict, "We, the jury, find the defendant guilty, as charged in
"the indictment, and assess his punishment to be hung by the neck un"til
dead," is insufficient to support a judgment. lb.
CRIMINAL PROCEDURE, 8. PRACTICE, 17,18.
WRIT OF ERROR.
1. Service of citation upon one of several partners, plaintiffs,
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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/m1/711/: accessed April 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .