The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1882-10-21
SUPREME COURT DECISIONS.

We copy from the Shreveport
Standard the following syliabuses Of
important decisions rendered by the
Supreme Court at its recent session in
that city:
State VS.. Sam Granville ct al. Appeal
from st. Landry. Judgment affirmed.
| ,SylltdMs-It is not necessary that an
indictment should show, on its face,
that it was found during a session OF
the court, when that fact appears from
the minutes in the record. Where the
finding endorsed on the indictment is
signed "a. Wartelle, foreman" and
the minutes show that "Armand War
telle'' was appointed forcman-held
sufficient. Section 1913, revised statu-
ties, dispensing with the necessity of
setting forth in indictments for murder
the manner and means in and by
inconsistent with article Of the con-
stitution of 1879, affirming, State VS..
BARLEY, 81 a. 147. Evidence to show
the absence and sickness of the witness
and the consequent impossibility of
procuring his attendance, is admissa-
BILE, in aid Of the sherifrs return of nom
service, as a foundation for the intro
duction of his testimony taken on pre-
liminary trial.
No. IS. T.. J. Woods, appellant, VS..
Jones, Cowan & Knowlton. Appeal
from Caddo. Judgment affirmed.
.Sy72o6us-When an injury would not
have happened, except for the culpable
negligence of the party Injured, con-
curing with that of the other party,
no action can be maintained. A rail-
road company is not liable to 4 passen-
ger for an accident which he might
have prevented, by ordinary attention
to his safety, even though the agents
in charge Of the train are also remiss
in their duty.
Succession, appellants. Case remand
ed. .S1ll15us-A suit to revive judg-
ment against q defendant since deceas-
ed is properly brought against the legal
representatives of his succession. "A
citation addressed to the executor of a
succession is 4 substantially with a
prayer for citation on the legal repre-
sentatives of said succession, and is adj
dressed to the defendant in the capa-
city set forth in the petition. Under
the requirements of article 3l2, Code of
Practice, the plaintiff in seeking to
revive a judgment by citation on a
legal representative of succession,
must prove the capacity of the alleged
legal representative.
State vs.. Lee Vines ct al, appellant.
Appeal from Sabine. ,Syli0bus-The
proviso, or last clanse in section 9SG, re-
viscd statutes, which reads, "Nothing
herein contained shall extend to any
person abscondipg or fleeing from JUS
tice,' is intended rs 4 means of inter
rupting prescription when pleaded in
! bar a prosecution for certain offences
and is not intended to apply to the
status of the accused at the time that
| it is proposed to prosecute, try or pun
| ish him. 1t is not necessary that he
should be absconding or fugitive
| from Justice at the moment of the prose
cution. 1t suffices that he should have
been absconded or fled after the COM
mission of the deed charged against him.
The act of juror sitting in Il capital
case, leave the jury box during the re-
cess of the court and crosses the court
house for the purpose OF consulting a
physician about his health, said juror
being sick and permission for such con-
suitatiOn under the eyes OF the sheriff,
does not constitute separation, or such
misconduct as will vitiatc the verdict
A Juror who sWcarS that he is opposed
to apital punishment is not competent
to sit on the trial of murder case. A jul
ror who swcars that he has formed an
| opinion, but that the same Is mere ru
NOR, and that it will readily yield tt
the evidence, is competent.