The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-05-22
EW GRAND JURY'S WORK.
UDGE DUBosE LAYS OUT DUTIES
FOR THE BODY TO DISCHARGE.

Various Routine Laws Brought to It's
"a. Attention to Inquire Into, After Which
His Honor Deals deliberately With
Z Taxing District Affairs.
The May term OF the criminal court be-
/; an yesterday. Judge DuBose charged
- newly empanneled grand jury as fol-
~g
THE CHARGE.
Mntlemen OF the Grand Jury:
|& You have been empaneled and sworn to
diligently inquire and true presentment
bake OF all ofienses given you in charge or
therwise brought to your knowledge,
pmmitted or triable in this county. 1t is
hade my duty to call your attention
pecially to the following provisions Of the
bw: The provision Of the law for the sup
bression Of the sale and use OF bowie
knives and pistols. ANY person who car
ies under his clothes or concealed about
bis person a bowie knife, Arkansas tooth
jck, or other weapon Of like form, shape
size, is guilty Of mis'lemeanor. The
pguage OF the statute, "other knife or
kapon OF like form, shape and size" has
ference to the wearing heavy, dangerous,
estructive knives, the only use OF which
| 10 kill or with which to take human
Ne. II is q question OF fact in all Of such
cnses for the jury TO determine whether
ithe particular weapon the defendant or
person charged with carrying concealed on
/ his person is Of like form, shape and size
| of tlp bowie knife or Arkansas toothpick.
The carrying Of small pocket knife is not
|.within the evil intended by the
| STATUTE to be remedied, and is
|therefore not prohibited by the
net which is to be constructed according
10 its spirit and not its letter. II is mis-
demeanor to sell or offer TO sell, or to bring
jnto this State for the purpose OF selling,
giving away or otherwise disposing OF any
knife or weapon OF the character men.
toned.
1t is unlawful for any person to carry
publicly or privately any dirk or razor con,
cealed about his person, sword cane, loaded
cane, slung shot or brass knucks, Spanish
stilletto, belt or pocket pistol, revolver oil
any kind Of pistol except the army or navy
pistol usually used in warfare, which shall
be carried openly in the hand.
To constitute the carrying criminally the
intent with which II is carried must b,
that Of going armed or being armed oil
wearing il for the purpose OF being armed
in great many cases weapons can be car
ried innocently or without criminality, anC
II is from the circumstances OF each par
ticular case that the criminal intent may o.
may not be inferred, and is a question fo
the Jury TO determine whether the law ha
Ill Il q IL
the proof before you that any person i
found with a weapon above mentione,
(unless II be an army or navy pistol openly
In the hand the presumption arising from
that fact alone IL sufficient 10 warrant tn
Jury in indicting such person.
IL is misdemeanor TO sell spirituous o
vinous Liquors in less quantity than quar-
or In larger quantity, 10 be drunk upon Of
at the place OF sale without first obtaining
n license therefor. II is further provide,
that no person shall sell or tipple any in
toxicating beverage within four miles o
an incorporated institution Of learning
within the county.
The word tipple means 10 sell TO be drum
at the place OF sale II the party selling
the liquor did not intend Il 10 be drunk OF
the place oi sale, be is not liable, though !
~ drunk there against his will. NJ
liceneeS r.ocer- or other person in thi
state shall retail spirituous liquors on Sun
day.
The distinction between wholesaling an
retailing liquor, does not depend on IL
quantity sold. Sales 10 purchasers TO b.
resold, constitute wholesale dealer, an,
sales 20 persons for consumption consti
tute q retail dealer. The grand jury ha
,,'uquisitorial powers over this ofiense. Fo
M, however, that what has been sal
heretofore as to the distinction between
wholesale and retail dealer, may mislea
you into surprising that liquor might B
sold on Sunday nj wholesale without violl
ting the statute, II Is well 10 say in plai
language that such Ii not true.
The object Of the Legislature was TO pr
went the dissertation OF day which, b
law, Ia dedicated TO the duties Of religion
by the sale OF an article the use OF whic
= calculated 30 produce the most sham,
kss disregard OF those duties. In this vie
be question whether quart or LEI
uantity were sold can make no difference
bad whether II be one or the other, Il
&n equal violation Of the law.
Your special attention Is called 10 n
provisions OF the law enacted 10 suppre
Illegal voting. II Is n misdemeanorto yo
In an election, not being legally qualitie
d vote, or 70 vote under an assume
name, whether such person be qualified
vote or not. II Is violation Of law for an
pcrson 10 offer or give a bride 10 any Gle
(or for the purpose Of influencing his vo
q amy election authorized by law, or 4
any elcctor entitled 10 vote at such electiC
% receive such bride. IL Is we'll that 70
should be directed 10 the several sectiol
Of the code on the subject Of the electi'
franchise, with view Of their prompt g
forcemcnt, should the occasion requir
70 which the jury are referred.
- Your attention IL calledto the provision
! IN Ia law enacted for the protection
public buildings, also prescribing the duty
turnpike companies, prohibiting thcscllil
i giving Of certain weapons 70 minors
>ell AZ the prohibiting the sale Of liquo
minors.
II IL n violation Of law for any person
tell or offer TO sell within one mile OF a.
worrhipIng assembly any article Of tra'
Whatsoever In such manner as 10 distu
1nch assembly. Persons guilty OF this
1cnce shall DO punished by fine not
Feeding $50, and Il Is the duty OF the iu
30 promptly indict all such offenders.
Your attention Is called TO the act Of I
M Legislature prohibiting the opening
liquor shops on election days, or selling