Bean v. Mathieu

Citations

• 33 Tex. 591

Syllabus

<p>1. The jurat to a petition for habeas corpus was not in strict conformity with the statute, (PasehaFs Digest, Article 2597,) and a deputy clerk certified it with his own name for the clerk, instead of the clerk’s name by him as deputy; but these objections were not raised before the judge from whoso decision this appeal is taken. Held, that it is too late to raise such objections, for the first time, in this court,</p> <p>2. If a person, not attempting the perpetration of arson, rape, robbery or burglary, shoot another with intent to kill, and under circumstances which would render the killing of the person aimed at murder in the first degree, but.miss him and unintentionally hit and kill another person, such killing could he no more than murder m the second degree; and, as such, is a bailable offense, (Paschal’s Digest, Article 1651,cited by the court.)</p>