Indiana State sentinel., 1851-07-03

of awarding execution, that they had when iudgmen
was rendered originally. He might plead pardon Of
trial when judgment has been rendered previou,
term, prohibited by the statute. Judgment affirmed
TUESDAY June 10 1851
B0nRel Y. BsfTyhM Appeal Tippecanoe c. G. BLACK.
FORD j. Petition by the Grandfather, who is duly ap
pointed Guardian of certain children against their
molker, alleging thai she uhawfuy detains them their
father being dead prays for writ Of hdbeas corpus Ii
appears that both parties able proper and fit per-
have the care of the children who desire
main with their sepnother; they infants, under
twelve years of age Writ dismissed Order, that the
children be at liberty TO remain with the appellee.
Held That this is erroneous the children being under
the age of fourteen years had authority under the
statute, choose guardian; that the petitioner had
the right TO their custody without regard to their wishes
that the petitioner by appointment of court stands in
the situation in regard to the custody Of the child
ren, as father.
Judgment reversed, with instructions to the circuit
court to render Judgment that tho appellee deliver up
the bodies of the children to their guardian.
Carter " The State. Error Franklin c. G.. PERKINS
j. Indictment. The first count charged Carter with
the murder of Marilla Reed The second with admins
tering poison TO procure the miscarriage of said Mara
and murder the child of which she pregnant, by
means whereof she, becoming diseased anguished and
died. Defendant convicted upon second count sentenced
to States prison. Errors complained Of l, "The in
dctment did not name the particular poison admins
tered" This is unnecessary. 2, "The indictment
cluded against the statutes in the plural There
error in this. 3, The court permitted the State
prove that il was the popular opinion that ergot would
produce abortion" This was proper. Since it was
probable that it had been administered her shortly
before death a, ''The court permitted medical wit.
nesses the part of the State to testify the e-
ects Of posons upon the human system from information
derived from the writings of standard authors the
subject" The defendant insisting that the authors
themselves should be produced witnesses if dead,
that their books should De read The admission in evil
dence of the opinion of medical proper; of
books would have been improper. 5, % The court in
struced the jury that they the judges of the law
and facts but that it their duty to believe the law
to be as laid down by the court" This instruction
presses the law g. " That the verdict of guilty is
sustained by the evidence" The facts all conspire to
support the conclusion that Carter administered fur
nished be administered to Mrs. Reed ergot and
senc, with illegal purpose, and that death was the
consequence Judgment affirmed.
Lester v. Bartlett. Error Ripley c. C. Judgment
affirmed
Lee v. Sterens ct al. Appeal Decatur c. c. Decree
affirmed; one per cent. damages.
johnson ct al. v. Younger Error Lawrence c. c.
Judgment affirmed
Wood v. Mulock. Appeal Allen c. c. Judgment
afirmed-hve per cent damages.
Kinble V. The White Water Valley Canal Co. Error
Franklin C. c. Petition for rehearing overruled.
Robinson v. DiCkeTson ct al. Error Ripley c. c.
Petition for rehearing overrulcd
Hobbs v. Bearers. Error Lagrange c. c. Petition
for rehearng overruled.
McMahan " Thompson. Error Washington c. c.
Petition for rehearing overruled.
Russell V. Metzger. Appeal Vermillion c. c. Peti-
ton for rehearin0 oyerruled