Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-12-10
SUPREME CoUHT OF INDIANA.
INIUtNIDtT IeTDl, IC4i.
REPORTED FOR THE SENTINEL A.. n. cARNAHAN, ESQ



REPORTED FOR THE SENTINEL BY A NJ. cARNAHAN, ESQ.
DECEMBER 5, Is47.
The State v. Johnson.-Error to the Porter c. c.
SMITH jim criminal where there has been
and Judgment Of acqua has been rendered for the defend
ant although the may have acted improperly in reu-
sing TO permit notie ProSequ to be entered refusing
to suspend the trial 10 give time TO the prosecuting Attorney
To procure evidence refusing permit such evidence
to be introduced after had been procured Judgment
must be deemed conclusive and the defendant again
be put IN jeopardy for the offence trial cannot
therefore, be granted in such upon motion Of
State
Dirkey v. Morgdn.-Error to the Orange C. c.
PERKINS, IAN affidavit for continuance Of case in
consequence Of absence Of witness the aa-
Wit should state where the witness resided if
was KNOWN aud if srch residence known that fact
diligence used to obtain the testimony Of such absent
nesses.
Huston " McPhiersOn-Error to the Whitley c. c.
BLACKBOARD, 1.-The refusal of the give
strucOn Irrelevant TO the issue, is In action
of SANDER, the statute Of limitations plead No issue
was taken on the plea of the statute Of limitations. Held
that the plaintiff had the right prove the
been spoken at any time before he commenced suit.
The speaking of the sandeous words charged after the
CONNIE of the suit will be held of malice.
Affirmed.
DECEMBER 4, lS47.
Thieksteen " HO,ca,d-Eror to the Sullivan C. c.
SMITH, J-Inkeepers regarded pro-
perry of their guests while in their keeping and bound
make restitution for any injury, loss Occasoned by
the Of God, the enemy, the negligence or
fault Of the guest.
But who has neither been at the inn intends going
there partake Of the accommodations which are
abished 10 afford to temporary soourner, though
his goods be taken Of by the nnkeepe be
gaTded guests and innkeeper who merely receives
the hnses OF another for the purpose Of feeding keep
them not subject 10 the rule of strict accountability,
adopted where the relationship of nnkeeper and guest
lists.
A neighbor, who resides in the may
CUES, at the inn, but the custody of property
belonging either resident of the town,
who may be such resident, is sufficient, of ITSELF to
by implication of law, the contract which is held
subsist between nnkeeper aud guest. Affirmed
AndTerS V. HdHmOod-Error TO the VeTmilion c. c.
PERKINS, Jon demurrer to evidence, the may
discharge the jury and if the evidence is held sufficient 10
support the action call another and different jury
the damages the jury empannelled be permitted
find verdict subject the opinion of the court upon the
evidence
In action of SANDER for charging perjury declaration
emitting that the evidence given tIal
teria good after verdict On demurrer to evidence the
question does the evidence conduce support
The the back the first error,
but gives the cost TO the party upon whose writ of
appeal, the reversal is obtained Reversed
BLACKBOARD AFTER the evidence is closed upon both
Sides will not be for the prosecutor 10 prove mate
rial fact where he has been mead by any inmatons of
the court.
If mol pros is entered after the evidence is in the de-
PENDANT be again indicted for the offence. AT
filmed.