The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-05
RECENT LEGAL OPINIONS.

Criminal Law-Argument of Counsel
In arguing murder case the States
attorney said TO the jury: IF you do not
Legislature to exempt Sabine county from
capital punishment and then apologize to
every good citizen. of Sabine county for
the foulest murder ever committed i'm
Sabine county. The juries of Sabine coun-
ty have the reputation of never hanging
anyone. Now, this jury has a good chance
to redeem that reputation. and they ought
to do 1T by hanging this man." Held, that
the language was not improper, where there
was ample testimony authorizing the State
to insist upon the infection of capital
punishment. f70 Southwestern Rep (Texas,
Judge Henderson, So
MISUNDERSTANDING of Danger
A child eleven years of age stepped upon
the caboose of freight train Immediately
upon its stopping, for the purpose of leav-
ing there lunches for the trainmen, as he
had been by them many times directed to
do He was thrown from the caboose and
killed by the running out of the slack"
frequent occurrence in freight trains. Held
that since he was but licensee as to the
company, and as such assumed all the risks
the company was under no obligation to
warn him of the danger arising from the
probable running out of the slack RIO
Southwestern Rep. (Missouri, Judge Bur-
gess), las.
observation-disclosures of Nomination.
A controversy existed as to the expira-
tlon OF the term OF ONCE OF a district Judge,
and the secretary of state. under the adj
vice of the attorney general that it did
not expire until January 1905, made no
proclamation for the election of a Judge
TO fill his office at the election held in No
vember 1902. and no candidates were nOmi-
mated by the various political parties for
that office. Held, that under such circum-
stances mandamus would not be granted to
compel the secretary of state to accept
the certificate of an independent nominee
for that office at such election. RIO Pacific
Rep. Wyoming), 467.l
Breach of Marriage Promise-Damages-
Where man has promised a woman to
marry her on his return from a trip abroad
lapse of time and conduct of the man after
his return which show that he does not in
tend to fulfill his promise, may be regarded
as the equivalent Of refusal to do so. and
to dispense with request to consummate
marriage by the other party. In such a
case. evidence of the financial standing of
the defendant may be shown by proof Of
his reputed financial ability. [92 North
western Rep. minnesota. Judge Lovely, L.
-Farmers-Expert Witnesses
A farmer who visits an old ladys home
to view a loss of fire, and finds her Ill and
confined to bed, and very weak. scarcely
able to draw her breath because of a cough
ing spell, which she had just had, and who
does not talk to her. but merely hears her
talk with others in language that he does
not understand, does not thereby possess
knowledge on which to base an opinion as
Northwestern Rep. South Dakota, Judge
Fuller, 10.
Tax Exemptions-Use for Charity
Under a Constitutional provision author
izing exemption from taxation of property
used exclusively" for charitable purposes.
a building owned by a charitable institu-
ton, but part of which is used for store,
cannot be exempt, although the rents are
western Rep. South Dakota, Judge Haney),
1871