The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-19
THE COURTS.
SUPERIOR CRIMINAL COURT.

The case of Tax Collector 3. 81. Lanier.
ing In Carroll parish, was decided Yesterday
jurisdiction. The Judge said
Defendant is indicted for having. within this
parish and on the seventh of May last, embez-
zled. whilst acting Us State tax collector for the
collected by him in Carroll parish by virtue q
committed by him as charged. it is an otrense
as showIo BY the face 9f the indictment com q
parish Of Orleans Section gss of the Revised
Statutes provides that when crime or mfsde-
meanor shall begin In ono parish and be com.
of. tried. determined and punished in either of
the parishes, In the same manner as II he = had
been wholly committed therein. See also State
=, The case OF Patterson seems to differ from
that Of Runn 9tls lb same book r. But 1t will
Court held that the offense was begun and
ompleed In the State of Mississippi. and that
the sale in this State of the property alleged
evidence Of the guilty intent Of the act COM
mitted in Mississippi. It is shown by the in
dictment that the alleged crime was begun in
Ii SO. this court has jurisdiction. Would tie
crime have been completed on the seventh OF
May without i the failure to pay over In this h
law There must have been neglect or re,
fusal to- pay. as well as the, collection, and
are ali essential elements OF TIE offense. It
could not be complete without them all and one.
The paying oyer should have taken place at
Orleans. 1t is alleged that this was refused
to be done has refused on demand to pay
over In the manner REQUIRED by law"
An Injunction obtained by the State restrain,
ing, defendant from, making any settlement
with de9yge B johnson. and from l,Ipa paying
such settlement. has been offered in evidence.
Perhaps this Is not the moment in the progress
of this case for comment by the court on the
force of this Injunction. The State could not
haye been intended by its application to prevent
Mr.: Jumel. and. after such settlement as re-
CURED by law, from paying over to the State
Treasurer on the basis of that settlement.
the ground that he was only pretending to be
Auditor. There was nothing in the Injunction
preventing settlement with Jumel and subse-
aquent payment to the Treasurer.
AS to the force of the other evidence intro
duced by defendant in support of thiso plea the
court will not remark, conceiying it applicable
The zen plea muss Therefore be overruled.
In the Anderson case the judge deferred
giving his opinion unit stenographer Mr.. Bobb
had copied out the evidence, that he night be
able to read 1t before d1SpoSing OF the rules
ON TRIAL. q
Murder-George Tervalons colored. indicted
October 20. 1876, for killing George Guillaume.
cGolored. on the eighteenth Of August. 1916 on
Esplanade street. between Claiborne and De-
bigny streets.
The following, jury was impaneled on saturr-
day evening: H: Ma X John Luke J. NJ.
G. ". Killib;orn. ". il. Hunt. 4, Il. Noasco A..
schlesinger, +. E, Dreyfus and A. starck
For the State Attorney General =; n; Ogden !;
for the defense, ex-Judge E. North Cullom.
ARRAIGNED.
Embezzlement-B H. Lanier; pleadG not
guilty: bail fixed at $4,000 and accused dis
charged until trial. a