Early Governors' Papers

State vs Nelms

1. objection the captive of the record does not shew that the Town of Lebanon where the trial was had in the County of Wilson-

The record says at a Circuit Court began & held for the County of Wilson at the Court house in the Town of Lebanon.

The law has fixed the place of holding Courts in every County in the state, and the Court need Record nothing further than information by the record that it was holden at the Court house for the County. we will presume the Court was holden, at the proper time and place, and that the business was transacted in the usual form, unless the reverse ^is shewn. Cornwell vs The State. [yergers rept?] 150. Bennett vs State. [yergers rep.?] 134. Against defendant in a criminal proceeding we presume nothing not stated in the Indictment verdict and Judgement, but in all other matters of practice everything is presumed in favor of the regularity of the proceedings of every Superior Court; and there is no difference in this respect between civil and criminal proceedings 2 Hauke 15. S 73. 76. [Li Johen?] Rep 366. Fields vs State yergen Ret 176.

The act of 1809 c 126 says we shall not reverse the decisions of the Circuit Courts unless for errors affecting the merits of the Judgement - The Legislature had a right to limit us to this, or restrain Writs of error in criminal cases altogether if such had been the pleasure of that power. What merits are there in clerical slips, which if the defendant had hinted below would have been amended. There