The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-19
THE COURT RECORD.
Supreme Court.
CRIMINAL LAW - KIDNAPING-RESI-
DEINCE

1864 Marion Grim c. Wallace, alias
9ulnette, VS. State. Affirmed. Howard, j.
The statute which describes the crime of
kidnapping as forcibly or fraudulently car
rying off or decoying a person from his
place OF residence, or imprisoning him with
intent to carry him away, applies as we'll
to the taking Of a person from the home of
a neighbor or other person he is visiting
or from church, school, hotel, hall of pub
Tic entertainment or any other place where
he has right TO be, as ii does to taking
him from the house in which he has g fixed
and permanent Gomfcile, the word residence
being used in the sense of any place where
he has lawful right to remain at the time
he is taken away.
NATURAL GAS-FLAMBEAU LIGHTS
CONSTITUTIONAL LAWS.
g 1923 Blackford e; G. Townsend VS..
ute making it a misdemeanor to burn
natural gas for illuminating purposes in
fiambeau lights (Acts 1891, Page 55) is consti-
tutional. 2. The inalienable right to the
pursuit of happiness granted to all citizens
by the Constitution is not the right to pur-
sue happiness by doing acts which will in
person having the right to take natural gas
wild animals, fish OK anything of similar
kind from a common reservoir or stock
upon which others have right to draw
may be restrained by law from needlessly
and wastefully destroying that part of the
common stock which may be found in or
eXpediency or justice of a law which does
not conflict the State or federal ConStitu-
the courts. 5. The fact that the cOnsidera-
tons which moved the Legislature to pass
a law are recited in the form of declara-
ton of existing facts is no reason why the
courts should overthrow the law, even
though the judges should be convinced that
the facts recited do not exist. 6. Such
recital is not a judicial determination of the
existence of the facts recited but only an
unnecessary statement of the reasons which
moved the Legislature to act {. Objec-
tons to question asked by juror on his
ceptions 1t is not sufficient 10 recite them
in the motion for new trial.
1881. Hendricks G. G.. L., N. A. e. G. Rail-
way Company VS.. Schmidt, by next friend.
Petition for rehearing overruled.
Appellate Court.
LIQUOR LAW-ILLEGAL SALES-DAM-
AGES.
2211. Daviess C. c. Smiser ct al. VS.. State
ex rel King. Affirmed. Black, il. A.
paragraph of complaint against a saloon
keeper and his bondsmen for injuries due
to the death of a person alleged to have
been caused by illegal sales of liquor by the
while intoxicated. which charges that by
reason of the intoxicated condition of said
persons, including deceased, in the saloon of
said saloon keeper, on said day, deceased
was thrown and fell upon the floor and
against the wall of said saloon, whereby his
head came in contact with some object to
plaintiff unknown, whereby deceased was
mortally wounded sufficiently shows that
the illegal sales of liquor to intoxicated
to withstand a demurrer. 2. If defendants
desired a more particular statement of the
manner in which the injury was inflicted
they should move to make the complaint
more specific. 3. Unless evidence, the adj
mission of which is claimed to have been
error, is pointed out in appellants brief by
reference to the page and line of the record
where it may be found, the court will not
search for it and identify 1t for the purpose
of reversing the Judgment. 4. Life tables
of expectancy used by insurance companies,
when admitted in evidence in actions for
causing the death OF person, are not taken
as fixing the expectancy of the life of the
particular person as forming the basis of
a calculation. but only as furnishing some
evidence to be considered by the jury in
Connection with all other pertinent evidence
in ascertaining the probable duration of the
life in question.
CRIMINAL LAW - SECOND PROSECU-
TION-WHEN PERMITTED.
2315. Hancock C. c. State VS.. Gapen. Re
hearing denied Comstock, c. il. When
the facts constitute but one offense, though
il may be susceptible Of division into parts.
as in larceny for stealing several articles
at the same time belonging to the same per-
son, a prosecution to final judgment for
part of the offense, as for stealing part of
the articles, will bar subsequent prosecu-
ton for another part as for stealing any
other part of the articles stolen by the
same act. 2. When the facts constitute
two or more offenses, wherein the lesser
offense is necessarily involved in the great
err as an assault is involved in an assault
and battery, or q larceny is involved in
robbery, ana when the IdClS necessary 70
convict on a second prosecution would
necessarily have convicted on the first. then
the first prosecution to final Judgment viii
be q bar to the second. 3. When the same
racts constitute two or moro offenses,
wherein the lesser offense is not necessarily
involved in the greater, and when the facts
necessary to convict on the second prosecu-
ton would not necessarily have convicted
on the first, IL will not he bar 10 the
second although both offenses consisted of
the same act T. The fact that a person
was acquitted of the charge of selling liquor
TO a minor-proof being made that he was
over twenty-one--is TO bar TO prosecution
against him for selling liquor without IL
cense. the two offenses consisting of the
Same act
Personal INJURIES - SERVANT-AS-
SUMPTION OF RISK.
1918, Lawrence C. C. b. & O. S. w, Rail-
way Company VS.. Welsh. Reversed. Hem
ley i'll. One who voluntarily enters upon
an employment known TO be hazardous as