Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-11-13

Ia IT A CRuME TO Kill d BgRQTAR
TAKEN N THE ACT2-One Of Our ci4-
zens has offered . reward for the killing
~ ary SNEAK thief" caught in the
act: and s Magistrate thinks n VINO
shouid do 80 would be guilty. Of murder.
| A burgLsrg ls defined 30 he s breaking
and entering the Hanslnn hon n. All
otnsr. m the night, With in!enf 10 com
uA some felony within the s29oe,
wbafheg euoh felouious intent ne 2
! cuted or not" There must he 2 " break
mo intou the house, bot this may re ny
taking 4 a % Of glass O8tGf > VinGo"r
or uniting back the leaf 81 the ~,0ao%
nth an instrument, or by drawing "a
lining uD the latch, where the door IS NOT
otberWise fastened, or by the turning OF
a. kev where the door IL locked on the
inside. or the u~uloosing a"v other fasten'
ing which the owner has proHioeo. 30
pulling down The eaSh % a wind0w "a
breaking, though IL has o." fastening,
and is only kept in Its place by 8 pdtieg
weight. So is creeping down chimney
OF II. the outer door being open, a thlel
enters. and uulatches orunlocks a cham
ker-do0r. 4 room rented by a person Il
deemed his dwelling house This Is me
old law and it is adopted by the Code
1 Of tennessee. Bot that Code alsa IMAGES
IL 8 p~eniJeuusTg offence 10 break o. en-
/ ter iufo q m-0aOE-aGlse by DAY, WIZ
intent 90 commit = felony. The statute
| Of d Henry VIII, on 8, made ga sihrm-
ancs of the Common law, provided lhSl
II any person shoHld be indicted TOT hlli=
l mo anv person attempting 70 commit
BURGLARY 10 the nighttime, he should b.
aao3itted and discharged. A nan End
iDg a thief bid in his house may xii
bj2 , Tor ia Leveps case the owner o.
~ mouse killed a woman hid in tbs
butferv. supposing her "a be a thief wh'
hsd gained AZ entrance into the house
and III was ruled 10 be only mi8cdpe7l-
bIrs. Foster, a great Judge, though.
II should nave been he'd man
slaugbter. because the woman killed
va not there to commit a felony, and
dga aineumspection wa not used but IL
1 Rqagkinsi Pleas OF the Crown, a book o.
bigh authority. the case is mentioned as
one In which the descendant might have
jflsfifeGtbe fact under the circumstances
/ on the ground that II had not the ap'
1 pearapce. even, Of fault. II burglary
Is ATTEMPTED, any one, even a l0dger.
NAV kill the party, Ia order 70 prevent
/ the mischief intended. II a person en-
deavOurs to commit, by violence o.
s1rDrise,a known felony on my property
Imay kali him. The intent to cOmmit the
l felony must be apparent and not doubt
mL. Stealing articles from q room is 4
feIony. II a man attempts To break ia {
window. OF TO force it up, In order tt
enter a house and steal, any person IL
the house or r0oEl may XIII him, ant
ought to do IL. Nobody is bound 70 risE
bis life ia endeavouriDg TO a]Fprehend I
thief who gains entrance into his housl
or room. The presumption Is that hl
will resist. and has prepared himself Z,
do 80. You es1DOt kill a pick-pocket
unless you cannot take him otherwis,
than by killing him bot 3 thief in you
room f~orfeits his lite. The sooner IL i
understood that aBy one, white 81 black
vho enters a room, even by lifting
Jatcb. 4 steal anything that be may hu'
Ia III or who attempts to break into
house or room 70 sisal, 6y night or day
may be shot lac q dos, the better it vii
De. The shooting In such ~ 3 q lsud
able act and deserves RFeWarqs