
    THE STATE v. J. W. LANE.
    Knoxville,
    September Term, 1877.
    CRIMINAL LAW PRACTICE. Lost indictment not supplied on affidavit oí attorney-general.
    A lost indictment íor a misdemeanor even cannot be supplied on affidavit of the attorney-general tendering a copy. This cannot be done except on the memory of the judge — the record showing explicitly and with certainty it was so done. The propriety of this holding is doubted as an original question, but is adhered to as a precedent establishing such a rule.
    Cited and doubted, but followed: State v. Harrison, 10 Yer., 548.
   Tbeeman, J.,

delivered the opinion of the court:

This is an effort to supply ¿'lost indictment, on affidavit of the attorney-general, tendering a copy. - The indictment was for a misdemeanor. ,

The case of The State v. Harrison, 10 Yer., 548, definitely adjudges that this cannot be done, except on the memory of the judge, the record showing explicitly, and with certainty, it was so done.

While, as an original question, we would have grave doubts as to the propriety of this holding, we do not feel that we ought to overrule the case cited, especially as it may be so easily remedied by the legislature.

We therefore affirm the judgment of the court below overruling the motion.  