Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-05-10

separate signs we're upon the cfice door. He ad
1 vised him as dssired.
] oSjee iOn was made to him as incompetent; but
| tae Court cveFruledit.
Are these fats sufficient to establish the relation
/ Of client and Attorney
If So new trial must be granted. beeaase ~
eannot tell what effect II may have had upoa the
JURY it was very pregnsnt fact occurring lust
the evening before the homicide Il showed hat
bis mind was engaged on that subject and he was
desirous know how far he could go, and be safe
IN Ter the law THat is the very defence set up in
tIis case.
Sound public policy seems to have required the
establishment Of the rule, that facts communicated
by client 70 his counsel under the seal Of pro-
fIssonal confidence, and cannot be disclosed in
proof
II is rule Of protection to the client. more than
privilege to the attorney. The latter is not al
l1Wed, il he would, to break this seal Of seeresy
aud confidence. II is supposed TO be necessary 70
TIE administration Of justice, and the prosecution
and defence Of rights. that the communications be-
tween clients and their attornies should be free and
unembarrassed bysny apprehension Of disclosure
or betrayal. The object Of the rule is that thePro-
fessioaal intercourse between attorney aad client
shonld be protected by profound seerssy II is net
necessary 10 the application Of this rule, as was
held in some of the old cases. now Ovsrru ed that
suit should be pending or anticipated Greenl- BV.
24O note; nor that there should be regular re-
tanner, or the payment OF ices. Greenl. oo EY Sec
24l. But h must be applied to for advice or aid
in his professional character and that in relation to
some act past or right or interest in existence. The
rule has no references 10 eases like the one before
us, where absrae legal opinions are sought and ou-
tained on general qUestoTs Of law either civil or
criminal In such cases no facts are or need be
disclosed, implioaiing the party; and so there is
nothing 10 conceal Of q cSnfdenfiRl nature II the
defendant had perpelrated an set, aud applied for
legal counsel and advice in relation to il, secrecy
would be imposed; but where no act had been done,
or if doue, not disclosed, aad only general opiu>
ion question of law was asked, there would be
no professional confidence. It would be mOnstrous
to hold that if counsel we're asked and obtained in
reference to contemplated crime that the lips Of
the attorney would be sealed when that fact might
becOms important the ends Of justice in the prose-
cution of crime. In such case the relation can
not be taken to exist Public policy would forbid it
We presume the rule has never been extended
far, nor viii it be.
The State, then, was entitled to the testimony
whether it was entitled TO much little force in
the crime upon defendant.
The defendants counsel also contend that the
proof is insufficient to sustain the verdict. Upon
weighing it carefully, we have come to e different
eonelusiou and concur With the jury in their opn-
ion that the crime Of msnslaughfer at least is fully
made out The commencement OF the fight was
not seen, but the circumstances show that the fatal
stab must have been given under state Of facts
that weusd at the lowest amount to the crime Of
which be convicted.
The judgment will be affirmed, and the sentence
Of FIVE years Imprisonment from this day enforced.
CARCTHKRs.
A correct copy, J. P. CLARK, Clerk.