State v. Raulston

Decided June 15, 1875

Tennessee Supreme Court · decided 1875-06-15

<p>CRIMINAL LAW. Keeping a ferry, without license, not indictable.</p> <p>The keeping of a ferry without license, and putting an individual across the stream for compensation, is not an indictable offense, and the indictment for such conduct should be quashed. [See Code, secs. 1617, 1696-1720, 1737, 6038, 712, and notes. By the latter section, and also by the Acts of 1897, ch. 2, sec. 4, page 59, a privilege tax is levied on certain ferries.]</p>

Decided 1875-06-15

Nicholson, C. J.,

¶1delivered the opinion of the court.

¶2Eaulston was indicted for keeping a ferry across the Tennessee river without license, and^in violation of law, for charging Mr. Walker 25 cents for putting him across the liver, having no license to keep a ferry.

¶3The circuit judge knowing of no law that constitutes this an indictable offense, quashed the indictment, and the district attorney has appealed.

¶4We are in the same category with the circuit judge. We know of no law that makes Eaulston’s conduct in putting Mr. Walker over at his ferry, and charging him 25 cents, an indictable offense, and we affirm the judgment.