The Caucasian. (Shreveport, La.) 1900-192?, 1905-02-14
SUPREME COURT
Three Decisions of Interest in 8his Sec
ton of the State.

20 their session held in New Orlean
Monday she Supreme Court of Louis
lana rendered number of decisions
of interest in this section, as follows
: By Associate Justice Monroe.
City of Shreveport VS.. Jas. S. Noel
Syllabus. By failing to tender befor,
suit, the true value of the property
sought to be appropriated the plaintiff
! in such suit incurs no other penalt.
than the obligation to pay costs.
c. c. 2637 and R. S. 1886 apply 70 ex,
preparation proceedings prosecuted for
railroad and canal purposes, and do not
apply to an appropriation suit, the pur-
pose of which is to widen public street
A jury in an appropriation case, as in
any other case, is the judge of the credi-
bility of the witnesses and may deter
mine as to the value of the testimony
given by such witnesses, respectively, but
its verdict like the verdict of any other
jury. must eventually be predicated upon
the law ana the evidence, and where it
entirely ignores the evidence and rests
its verdict exclusively upon the opinions
of its members, such verdict, if mani
festly erroneous, as judged by the evil
dence, will be set aside.
1t is therefore ordered, adjudged and
decreed that the judgment appealed from
be amended by, increasing the amount
allowed defendant from $3.50 to $I725,
as thus amended, affirmed, the plaintiff
to pay all costs.
State of Louisiana VS.. Dick Craighead.
Syllabus: When, upon a trial for MIR
der, five jurors have been accepted and
sworn, and the hour of adjournment hav-
ing arrived, the trial judge directs that
such jurors, together with seven others
who are in the box but who are unac-
cepted AMI unsworn, shall be taken in
charge by the sheriff and kept together
until the converting of the court upon the
following day, and the defendant there
upon objects to the involuntary associa-
ion Of the sworn with the ,nsworn ju-
-ors, the overruling of the objection is
reversible error
In capital cases the jurors should not
De permitted to separate after being
sworn, either before the jury is COM
,ieted Or afterwards, whether with or
without the consent of the accused, nor
should they be exposed to association or
contact with persons other than the Of
lcers of the court charged with their
custody.
s For the reasons assigned it is ordered.
fdjudged and decreed that the verict
Ind judgment appealed from be annul-
ed, avoided and reversed, ami that this
:ase be rernanded to be proceeded with
according to law:
. By Mr.. Justice Provosty:
City of Shreveport VS.. Peter Youree.
Although the jury of freeholders in an
appropriation case are chosen as experts,
md as such may take into consideration
heir own information outside of the tes-
1naony in the case and also their own
'pinlons, in arriving at conclusion, yet
is error to charge them that they may
disregard the testimoy in the case. The
anguage is too broad. The most that
hey can be told is that they may rely
lpon their own information and opin-
ons as well as upon the testimony.
When all the facts are before this |
:ottrt the case will not be renlanded be-
;ausc of an error in the charge to the
ury, but will be rally disposed Of
Judgment amended by increasing
lmoun: to $1,000, plaintiff to pay costs
# appeal. 49,. .sz.~..
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