Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1866-12-14
D VOL XXXIIf.

the Legislature Intends no such thing. We
therefore think the fourth section Of said
act must be construed as though il read
that all persons Rho shall knowingly,
willingly and voluntarily feed any such
persons as drescribed in preVioussections
Of this act, for the purpose Of aiding and
assisting them in their unlawful and Illegal
objects, or who shall knowingly, willingly
and voluntarily furnish them information
Tor the purpose Of aiding and assisting them
in their unlawful and Illegal objects, shall
be deemed guilty" etc.
Then, 10 constitute an ofense under said
section, il is moi enough that person shalb
knowingly, willingly and Voluntarily feed
such persons rs are mentioned in the pre-
YiOus sections Of the act, for, as we have
already shown, that may be done not only
innOcenuy, bat an the discharge Of duty,
but 10 subject the party 10 the pains and
penalties of the act, it must also be done in
the language Of the act, for the purpose
Of aiding and assisting them in their I'M
lawful and illegal objects" o.. a-FE'
II is insisted by the counsel for the plain
tif in-error, that an Indictment under the
4th section Of the act under consideration
must state specifically the acts of which the
persons mentioned in the previous sections
have been guilty, and with all the par
ticularity which would be necessary in an
indictment against such persons for such
acts. We do not think 50.
All that is necessary is that the indict-
ment state such facts Is are necessary to
constitute the oflense, ard where the ofense
is one created by statute, il is generally
fEgfa 20 sI. e.. -,
charge the efiense in the language Of-the
statute. And by reference again to the
4th section Of the act, il will be seen that
all that is necessary 10 constitute the
offense, is, that the party charged shall
have knowingly, etc. fed any such person
or persons as described in the previous sec
tions Of the act, for the purpose of aiding
and assisting them in their unlawful and
illegal objects, or shall have given them in
formation for such purpose.
The guilt of the accused under the 4th
section Of the act, does not depend upon
the fact that any Of the persons described
in the previous sections have been guilty of
any Of the oflenses specifically mentioned in
the act, and for which snch persons shall
sufler death, except so far as the same may
be necessary to constitute them aneh per-
sons as are described in the act Neither
does it depend upon tine fact that he know
ingly and voluntarily fed such persons or
gave them information for the purpose of
aiding them in the commission of any, Of
the particular ofienses mentioned IN The
statute. flrrF rE.pl
The ofiense is complete if he know
ingiy, willingly and voluntarily fed such
persons, or gave them information fof the
purpose Of aiding them in any unlawful
purpose or object whatever. Now a man
may be an EARNED prowler" within the
meaning of the statute, without having
any Of the oflenses enumerated |
in the third section Of the act for which, /
upon conviction, he shall suffer death; and i
and by the 4th section, il is in substance
declared, that if any person shall willingly |
and voluntarily feed an armed prowler,' |
OF give him information for the purpose Of !
aiding him in unlawful purposes, such per- |
son shall be guilty of a felony.
Other errors have been assigned in argu- |
ment, but as those arising upon the de- |
murrer are decisive Of the case, we do not |
deem il necessary to notice others
The judgement Of the Circuit Court will |
be reversed, the demurrer TO the indict- |
ment allowed, and the prisoner will be re-
manded 20 Blount county to be proceeded |
against or to be discharged
HAWKINS, Judge.
A true copy. Test: OF taftI-.
l.. NJ. PATTERSON, Clerk.