Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1878-11-03

the farm received in exchange. And,
at auy rate, that The devisees in re-
msinder were bound To elect upon
which of The two places they would
fix the trust, and that taking
pussessi"u Df he latter place,
claiming II uf.der the deed Of ex-
Chang. with full know edge of The
facts, and wthoutC ffering to surrender
il, was l0riBld fucie an election of that
farm.
PEG FREEMAN, j.
The State as. STAFFORD An gem
eTai continuance aud appearance, 1t Is
too Ia = AT subsequent term TO file a
plea IN abate ment alleging that Ger
tain Of the grand jurors who found
the Indictment were of kin 10 the
prisoner within the prohibited de-
grees.
The State as George CTickett-1.
Municipal officers, as such, are officers
of the state within the meaning OF
the statutes regulating official conduct
They are created by virtue of the pow
ers of the charter, which is granted
by virtue Of Jaw made by the legis-
lative p0wer.
Therefore, where pound kt epeT
under the municipal law of a coTpOr
alton, is guilty Of e1tOrtion in takiog
more than lawful fees, he is liahie to
indictment under the law of The State.
The State as McGaagh Sections
1868, 1869 OF the Code, giving a peu-
atty nf fifty dsllsrs for cruelty To any
horse, OK, dog or other animal, in
which individuals may have prCIi-
eriy, 70 ne recovered by any one w-n
will sue for il, do not make sucn con-
duet u misdeme4nOr. Sections 1867 8,
dis in guisheG.
lfabry end Wjfe as. ChurchWeR. l.
The dismissal of bill can not be
relied on as res judicatd. unless the
bill was dismissed upon its merits.
.. As to mental imbecility or weak
ness ofintellec-, the doctrine laid down
by this court in CrGddOck Us CIbOniSS
StOan. 4S2 appreciated and re-
affirmed.
PER TURNEY, J.
Good rs. the State. l. The Act Of 1878,
Chap. IS, Sec. l, provides, That il
shall be the duty of all Judges ia the
State, charging juTies in cases Of
criminal prosecutions for any felony,
wherein more grades or classes Of
offsnse may be included in the indict-
ment, to charge the jury as to all of
the law OF each Offenge included in
the Indictment, without any request
on the part OF the defendant 50 Ia DO"
The purpose of this section is 10
secure TO the defendant the benefit of
ali tue law applicable to the facts OF
this case without any request on his
part.
2 When it is clear that the grade
of offense charged is proved aud there
is room for doubt as between il and
lesser grade Embraced by statute in the
higher and of course included in the
indictment, it is unnecessary to
charge the law pertaining 10 such
lesser grades,
3. In applying the rule or tits Opin>
ion, courts VIII act with great canton,
and give 10 the accused The fun bcue-
fit of all the rules Of Law applicable to
the facts deyt l0ped IN The Trial Of his
cause.
When ;he ofeuse- charged is clear
iy made GA. il is the duty uf the court
la cast. five - charge II such case; and
also u+r- Ghe otfeEse must be the
one ci.ss..est, or none a. all "a IRE
queu'iy tappen%. the charge Of she
iuIv mas Ia enabled so decide ia: eili-
gently thH single question -, s-nled
and u0l he mystifi-d by ab fractions.
Carpenter Ross & LOckett Us the Me-
choRil8 Sauings B0ak-The time al
lo - Ell ty law for appeal or stay Of eX-
eculiGH, gives = right personal tO the
defendant, or peTs, II against whom
the judgment j., and can not ordi
naTily b taken advantage of hy thirj
porous.