The Texas Court Reporter Volume 8

The Texas Court Reporter Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...he would have been had he tendered to the Commissioner on July 2, 1002, or within sixty days thereafter, the rent for the eight months, when the statute requires that a year's rent should be paid in advance. The Commissioner was without authority to receive a less amount, and, if he had received a less sum, it would not have been sufficient to keep the lease in force. We therefore conclude that the Commissioner was correct in canceling the lease, and that he erred in reinstating it. Scott would have been a proper party to the suit, but for the fact that his interest under the lease had in any event expired before the submission of the case. The mandamus as prayed for is awarded. 1. The defendant being on trial for butglary and the evidence showing that he was found in possession of a glass taken from the house, testimony as to a conversation between other parties, in which one of them stated that she gave the glass to defendant, was inadmissible for the defense. 2. In a trial for burglary, evidence of finding fruits of the crime in the possession of defendant while he was under arrest and unwarned, was admissible. 3. Conversation between the defendant on trial for burglary and another party, in which the latter admitted she gave the defendant a glass which was taken from the house, and which was found in his possession, was heatsay and inadmissible. 4. The defendant being on trial for burglary, evidence that after such burglary, the owner of the house put a lock upon the door and carried the key in his pocket, was irrelevant for any purpose and should have been excluded, Appeal from the District Court of Falls County; J. E. Yantis, Special Judge. Howard Martin, Assistant Attorney General, for the State. David Johnson was convicted of...
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Product details

  • Paperback | 962 pages
  • 189 x 246 x 48mm | 1,683g
  • United States
  • English
  • black & white illustrations
  • 1236864972
  • 9781236864970