The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-01-25
" f w ORL E A " s:
THURSDAY MORNING, JANUARY IS 1916
9uprqn1e Count Of louisiana,
Condensed Decisions.

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Condensed Decisions. NEW ORLEANS, January q
Where penal statute several offences connected
with the transaction, the intent necessary
legged cumulavely in one count and in that event must
be charged in the indictment conjunctivey. When
mol. pros. has been entered count of such
Indictment after general verdict, judgment may be
claimed upon the remaining counts.
THE STATE LOUISIANA rs. WIN. BANToN alias ).
w. BANToN alias BENNETT, alias AN6ELL....No. 1928
in the Supreme Court. .appeat from the First District
Court Of Mem Orleans. KING, 1.-The Indictment in
this founded the Sd section of the of 1919
(B. c., p s2'3) The first count charges that defendant
aided slave running from his master; the second,
that he did envege, steal and carry away slave named
Joe the property of Philip Moore that the of said
slave the said Philip Moore then and there deprived of
the and benefit of his said slave &c. The jury found
verdict of guilty After the conviction the Attorney Gen.
era entered ROe pr0SeQui the first count sentence
on the conviction on the second count and the
defendant has appealed.
1t urged l. That the Indictment is defective because
several distinct substantive offences joined the
count That the entry OF not pros on the first count
after conviction, equivalent abandonment OF the
entire prosecution, and entities the prisoner his discharge.
The statute on which the prosecution founded declares
Of the of the slave There can be no question that
Offences would be good Eass Cown Law ANY, Sa' u ''S
a a1 by tine S o the %
count of INDICTMENT 1t subject however.
relation penal statutes thai statute enumeraes
several Offences connected with the the
they may ali be alleged cumuatvey in oue count and in
that event must be charged in the Indictment conunctve
Wharton, CrIminal Law PIP. 81, 80. Starkle, Criminal
lThe following authorities are then referred to- which our
limits will not allow to quote at length Rex Middle
hurst, Burrows, 39: State Price, Halstead 203
1s Common Virginia Gases, 81 starkie cHmi
nal Pleading 4S9 The Court then proceedsj Starkie in
usual practice aege offences cumulativey, both com,
law and a 3 s df0P ann in
published certain libel that ne forged and caused to be
further multiply. think that the three charges of steal
nveiging and carrying away, properly laid in the
The second point presented is deliberately examined in the
cases Of The Common reath rs Suck 20 Pickering, 364
the and authorities which they maintain the
S Of an n osm @ Re
remaining counts after general verdict appear
fmed with costs Attorney General Eimore for pisinf
and appellee; Bradford Barker. for defendant and
Where the Syndc of tie creditors of an insovent sells his
property on certain conditions which laid before the
bound by them The Sync cannot recover the proceeds
OF property so sold. unless the conditions have been
complied with.
EosTHeNE ROMAN Syndic of the creditors of j. b. De.
gruys JOHN McDoHoUGH, ct al No. 1910 in the Su-
preme Court .7ppeak from tie Fifth District Court of
Mem Orleans. EUsTIs c. lat sale of the property
ceded by the nsovent to his creditors the defendant Nc
Donough purchased of land the Bayou Baratara
for $3.50 In the advertisement the newspapers appeared
that this tract of land, with Others contiguous claimed
by persons and their possession The sale
made time, and express condition of the
sale that the received by Syndc should be deposited
by him subject TO the order of the Court until the claimants
should cause their right to be determined contradictory with
tu1y and tins action brought to recover their proceeds de-
suited the psnt the ground thu the claims to the land
spoken OF had never been udciay acted upon and
decision, observing that they understood as as
sentng 20 the authority OF syndcs bind creditors by con
don like these in sales of nsovens the effect of
which is to postpone indefinitely the liquidation
under Their The conditions in this sale how
and they are bound by them-Juen Seghers for plaintiff
and appellant; A Hennen for defendants aud appelees
EVANS ROGERS cs. CLEMENTS BKIKNAp & Co., and
c. X BuLLARD-.4Dpeal from the Fourth District Court
Of Neo Orleans .EUsTIs c., j.. Question of fact
judgement affirmed.
Attorneys at law who have given professional advice to
party and been employed in suit by him. may unite in
an acuoh against nm Tor a compensation Tor their
CYRUS RATLIFF, WIN. r. CowGILL AND JOHN HUNTER
CoLLENs rs. LEOPOLD BACH-No. 1045 in the Supreme
Cour-AppeaL from the Fifth District Court of Mem Or
leans. .Rosr j.. The judgement of the lower Court
affirmed in favor of plaintiffs for $780, with legal
est the amount claimed for professional services rendered
him in advice consultations and saQuesratng the partner
ship assets of the late firm of Bach Myers. valued at
$bOOJ9 the suit having been instituted in the Parish of
West Felciana The Count also held that the lower trbu
nal dd not err In oyerrung defendants exceptions which
were-st That the petition does not forth the and
dates OF the charges made against him 3D. That does
employed jointly by him and that it gives no reason
why they join IN the same action plaintiffs Per
lions of the petition sufficiently specific and the defend
an fsn the ua by the Joining Of The three plain
lees Stockton and Steele for defendant and appellant
One whose slave has been imprisoned for life for killing the
slave OF another and who has received sum of money
claim for damages by abandoning the sum so received
which represents the slave but such abandonment must
be made within thres days after the Judgment becomes
final. O''0A'''
PAUL THEoDuLK ARNouLT u.s. GABRIELLE DEscHAp-
PELLEs. No. 1857 in the Supreme Court Appeal from
the Third District Court (Parishof Jefferson) RosT j.
This was appeal from Judgement in favor of plaintiff
IN an action instituted TO the value of the slave
Henry. formerly belonging 10 the plaintiff and aedged
have been killed by the slave LeDiS belonging to the
defendants The slave of defendant had been and
sentenced 10 imprisonment at hard labor for life His
had received $500 from the State for his value.
The principal point in the thus decided - The
question whether under Art ISL c. C., party, situated as
the defendant lbeate himself from payment of
greater damages by abandoning the slave who caused them,
while he Is undergoing the legal punishment of the offence
1873 and decided afirmativey We held in that case
that slave confined at hard labor for of years might
TO belong to defendant and he make abandon
ment Of him but that slayes represented by the sum
the article of the Code the defendant may e1oserae himself
az RaSh s s t. the b within se dsy
nerence and proper extension OF the 0ec nordis
gree therefore that the udeement sppeaed from be
aenaea SO that IT within three days after this decree be-
uesnddht pays plalDtH S5UU, the Judgement
about to be rendered shall be entered satisfied except for
costs was further decreed that the judgement amended
De anme the defendant and appellant paying the OF
we DStict Couri those of the appeal be paid by the
victor bnr'he for defendant and appellant.
One who ha, not made himself party to .uit. cannot
nave set down for trial. move for final judgement
SYLVAN PEYRoUx rs. JOHN HAGAx AND THE SYNprcs
OF THOMAS BARRETT. No. 964 in the Supreme Court
appeal from the Fourth District Court of Men, Orleans
-: MING This was controversy in which the plain
h claimed Banets undivided half of eight nnths of GER