dence, and not to be disturbed.-Doolittle v. Pa- cific Coast Safe & Vault Works, 154 P. 753.
491 (Wyo.) Corporations are liable for ultra vires torts.-Stock growers' Bank of Wheatland v. Gray, 154 P. 593.
applied by the directors of the selling corpora- tion.-Id.
Where a corporation buys all the property of another for full value and without fraud, notice to the purchasing corporation that the selling corporation is insolvent is not notice of the directors' intent to misapply the purchase mon- ey.-Id.
XI. DISSOLUTION AND FORFEITURE OF FRANCHISE.
499 (Wash.) Payment of corporation license fee required by Rem. & Bal. Code, § 3715, after trial and before argument for new trial or en-617 (Wash.) An assignment of its indem- try of findings and decree, is sufficient compli- nity policy by an insolvent coal company the ance with the statute to authorize suit by cor- name of which had been stricken by the sec- poration especially where defendant took judg- retary of state from the public rolls for fail- ment on his counterclaim in the action.-North- ure to pay its annual licenses to the widow of west Motor Co. v. Braund, 154 P. 1098. a deceased employé, who had recovered judg- ment against the company for the death, was not void, but voidable, and could not be com- plained of by the insurer.-Davies v. Maryland Casualty Co., 154 P. 1116.
508 (Wash.) Where defendant corporation, after being served through its president and notified of the amendment of the complaint cor- recting a misnomer of defendant, elected to stand upon its amended answer in general de- nial, there was a sufficient appearance to give the court jurisdiction.-Freeborn v. Chewelah Copper King Mining Co., 154 P. 1095.
VIII. INSOLVENCY AND RECEIVERS. 542 (Cal.) A conveyance of the property of a corporation whereby the grantee company as- sumed the debts of the grantor is based on a valuable consideration, and is not fraudulent within Civ. Code, 83442.-Manning v. App Consol. Gold Mining Co., 154 P. 301.
Where one corporation conveyed all of its property to a foreign corporation so that threat- ened litigation might be conducted in the fed- eral courts, instead of the courts of the resi- dence of the grantor corporation, such fact does not show that the conveyance was fraudulent. -Id.
XII. FOREIGN CORPORATIONS.
642 (Okl.) A foreign corporation engaged in interstate commerce within the state with a resident thereof is not subject to Sess. Laws 1909, c. 10, art. 1, fixing the duties of foreign corporations.-Hollister v. National Cash Reg- ister Co., 154 P. 1157.
653 (Idaho) Under Rev. Codes, § 2792, where plaintiff, an officer and trustee of a for- eign corporation, was chargeable with knowl- edge that the corporation, apparent maker of the notes sued on, had not complied with the state laws, and that the corporation's acts in purchasing corporate stock from him were in violation of law, he could not recover.-Dietrich v. Copeland Lumber Co., 154 P. 626.
545 (Okl.) A director of an insolvent corpo- See Homicide, 228. ration cannot prefer an antecedent unsecured debt due to himself, where such preference will deprive other creditors of the entire amount due them; the directors being trustees for the bene- See Criminal Law, 510, 511. fit of creditors.-Union Coal Co. v. Wooley, 154 P. 62.
Where a corporation sells all its property, the money paid is held by the directors in trust for payment of creditors; the residue if any, to be paid to the stockholders.-Id.
547 (Okl.) Where directors of an insolvent corporation sold all of its property and paid debts alleged to be due themselves, but paid nothing to plaintiff, equity had jurisdiction of an action to charge such directors as trustees. -Union Coal Co. v. Wooley, 154 P. 62.
I. NATURE, GROUNDS, AND EXTENT OF RIGHT IN GENERAL.
2 (Idaho) Rev. Codes, § 4912, relative to taxation of costs for the prevailing party, refers only to costs and disbursements incurred in the action in Idaho courts, and not to costs occa- sioned by proceedings in the United States Land Where directors of an insolvent corporation Office in support of an adverse claim under have paid a debt due themselves in preference Rev. St. § 2326 (U. S. Comp. St. 1913, § 4623). to debts due other creditors, and mingled with Golden Marguerite Silver & Copper Mining their own funds the money received, a personal Co. v. National Copper Mining Co., 154 P. 207. judgment may be rendered against them in fa-13 (Or.) In an equitable proceeding the al- vor of a creditor who has received nothing.-Id. lowance of costs and disbursements rests in the A party having a pending action for tort discretion of the court.-City of Portland v. against a corporation is a "creditor" within American Surety Co. of New York, 154 P. 121. Rev. Laws 1910, § 2893, defining "creditor," where he afterwards obtains judgment.-Id.
X. CONSOLIDATION.
590 (Okl.) Where one corporation buys all the property of another, for full value and with- out fraud, the purchasing corporation acquires title free from claims of creditors of the selling corporation.-Union Coal Co. v. Wooley, 154
22 (Cal.App.) Under Code Civ. Proc. $$ 1022, 1025, to carry costs a judgment of the superior court must amount to $300, so that judgment for nominal damages will not do so.- Lund v. Lachman, 154 P. 295.
47 (Cal.App.) In ejectment by the vendor of realty against the assignee of the buyer and others upon default in payment, where the com- plaint stated no cause of action against a de- fendant which had and claimed no interest in the property, judgment for costs against such defendant was improper.-Sweet v. Richvale Land Co., 154 P. 608.
III. PERSONS, PROPERTY, AND FUNDS LIABLE.
P. 62. Where a corporation for full value and with-98 (Cal.) In stockholder's action, court's out fraud buys all the property of another, it discretionary power as to costs, held not to au- need not see that the purchase money is properly thorize award against intervening stockholder
230 (Or.) Where one several subcontrac- See Counties, 43, 51. tors joined for purpose of determining their rights to participation in suit by materialman against contractor was denied participation and obtained reversal on appeal, he was a prevailing See Counties, 124. party, and the others were not entitled to costs against him.-City of Portland v. American Surety Co. of New York, 154 P. 121.
240 (Or.) Where one of several subcontractors joined for purpose of determining their rights to participation in suit by materialman against contractor was denied participation and obtained reversal on appeal, the others were not entitled to costs against the contractor's surety. -City of Portland v. American Surety Co. of New York, 154 P. 121.
2462 (Utah) While affirmance of a judgment usually carries cost, costs will not be awarded, where appellant filed an affidavit of impecuniosity.-Cody v. Cody, 154 P. 952.
CO-TENANCY.
See Tenancy in Common.
COUNTERCLAIM.
See Set-Off and Counterclaim.
See Amicus Curiæ; Appeal and Error; Con- stitutional Law, 56, 328; Contempt; Counties, 124; Infants, 19; Judgment, ~~642; Jury, 11; Justices of the Peace; Prohibition; Removal of Causes; Trial, 370-404.
II. ESTABLISHMENT, ORGANIZA- TION, AND PROCEDURE IN
(A) Creation and Constitution, and Court
42 (Okl.) Sess. Laws 1909, c. 14, art. 7, under which the superior court of Pottawatomie county was organized, held constitutional.Parker v. Hamilton, 154 P. 65.
(D) Rules of Decision, Adjudications, Opinions, and Records.
89 (Cal.) Decisions on the interpretation of written instruments have limited value when applied to the construction of documents embodying different language.-In re Whitney's Estate, 154 P. 855.
92 (Okl.) The expression of a view on a point not necessary to the decision is "obiter
See Affidavits, 5; Evidence, 387; Man- dictum."-Lausten v. Lausten, 154 P. 1182. damus, 77.
II. GOVERNMENT AND OFFICERS. (A) Organization and Powers of Government in General.
24 (Cal.) In absence of constitutional restrictions, Legislature has full control of property held by counties as state's agencies with power to dispose thereof without consent of or compensation to the counties.-Reclamation Dist. No. 1500 v. Superior Court in and for Sutter County, 154 P. 845.
93 (Wash.) Where a former case announced a rule affecting the rights of parties to contracts of conditional sale under which property rights have become vested, the doctrine of stare decisis requires it to be followed, except as otherwise Music House v. Ritner, 154 P. 787. determined by a subsequent statute.-Eilers
97 (Wash.) Where a case presents the same federal question already decided in another case by United States Supreme Court, its adjudication thereon is controlling.-Northern Pac. Ry. Co. v. Tuttle, 154 P. 796.
107 (Utah) In suit to quiet title to the use of water, where plaintiff claimed that he had developed the water, and defendants claimed that it was part of a natural stream, the opinof a justice of the Supreme Court concurring in the reversal of judgment for plaintiff held to have necessarily concurred also in the Lake Mining Co. v. Midway Irr. Co., 154 P. affirmative judgment for defendants.-Mountain
43 (Wash.) Under Rem. & Bal. Code, 8988, and in view of Laws 1913, p. 461, § 13, the Governor had power to appoint commission-ion ers to fill two of the vacancies caused by the recall of all three of the commissioners of a county; Const. art. 11, § 6, authorizing the county commissioners to fill vacancies, not applying.State v. Dimmick, 154 P. 163.
51 (Idaho) Under Rev. Codes, §§ 1908, 1909, held that it is the duty of the county commissioners, at their first regular meeting in January next after their election, to elect a chairman to hold until expiration of his term, unless he sooner ceases to be a commissioner.-Prichard v. McBride, 154 P. 624.
(D) Officers and Agents.
63 (Cal.App.) Under Const. art. 11, § 71⁄2, par. 5, as amended in October 1911, Pol. Code, $$ 894, 910, and 4024, held, that assistant probation officer in a county had not been regularly appointed, and hence could not collect salary as such officer.-Anderson v. Lewis, 154 P. 287.
III. COURTS OF GENERAL ORIG- INAL JURISDICTION.
(A) Grounds of Jurisdiction in General.
121 (Cal.App.) The superior court, in an action to enforce the liability of corporate stockholders for its breach of contract, had no jurisdiction as to defendants against each of whom damages for less than $300 were prayed.-Johnson v. Hinkel, 154 P. 487.
IV. COURTS OF LIMITED OR INFE
RIOR JURISDICTION.
190 (Utah) Where a judgment of the city court, not having been superseded, was satisfied
on execution pending appeal to the district court, the party successful below could not have further judgment on his claim.-Moon v. Boll- winkel, 154 P. 939.
V. COURTS OF PROBATE JURISDIC- TION.
pied land to which he has no title, there is an immediate constructive eviction, entitling the grantee to the same remedies as though he had been deprived of actual possession by legal pro- cess.-Jones v. Gallagher, 154 P. 552. COVERTURE.
200 (Okl.) Under Rev. Laws 1910, §§ 1798, See Husband and Wife. 1806, the superior court has jurisdiction of mat ters of probate in a cause appealed from the county court to the district court and transfer- red on motion of plaintiffs to the superior court.-Parker v. Hamilton, 154 P. 65.
See Assignments for Benefit of Creditors; Bankruptcy; Compositions with Creditors; Fraudulent Conveyances; Subrogation.
CREDITORS' SUIT.
201 (Wash.) It is within the power of the probate court to determine all matters neces- sary to the due administration of an estate, so that it may authorize the administratrix to con- See Corporations, 548. vey property held in trust for the benefit of oth- ers.-Ritchie v. Trumbull, 154 P. 816.
VI. COURTS OF APPELLATE JURIS- See Assault and Battery;
(A) Grounds of Jurisdiction in General. 206 (Okl.) The only questions determinable by the Supreme Court under Act March 11, 1915 (Laws 1915, c. 107, art. 2, subd. A) § 1, are those instituted to determine the validity of such act, and not those arising in the adminis- tration of it or relating to the application or distribution of revenues collected.-In re Gross Production Tax of Wolverine Oil Co., 154 P. 362.
207 (Kan.) The Supreme Court has no orig- inal jurisdiction in injunction and no power to issue an injunctive order, except to protect its own jurisdiction and the rights of parties, until it has determined some controversy pending be- fore it.-State v. Flannelly, 154 P. 235.
VIII. CONCURRENT AND CONFLICT. ING JURISDICTION, AND COMITY.
(A) Courts of Same State, and Transfer of Causes.
488 (Okl.) Irregularities in the transfer of a case from the district to the superior court may be waived, and, when waived, any judg- ment rendered by the superior court is regular. -Parker v. Hamilton, 154 P. 65.
(B) State Courts and United States Courts. 489 (Kan.) State courts have jurisdiction of actions by shippers of interstate freight for repairing cars to put them in condition for use, where the maximum charge for such repairs is fixed by the tariff on file with the Interstate Commerce Commission.-Rock Milling & Eleva- tor Co. v. Atchison, T. & S. F. Ry. Co., 154 P. 254.
See Husband and Wife, 81; Landlord and Tenant, 130; Logs and Logging, 3.
II. CONSTRUCTION AND OPERA-
(D) Covenants Running with the Land. 57 (Utah) A covenant of warranty by one having neither possession of nor title to the land conveyed does not run with the land.-H. T. & C. Co. v. Whitehouse, 154 P. 950.
III. PERFORMANCE OR BREACH.
100 (Okl.) Where a grantor purchases a paramount title after eviction of the grantee, he cannot compel the grantee to accept such after- acquired title in satisfaction of the covenant of warranty or in mitigation of damages for the breach thereof.-Jones v. Gallagher, 154 P. 552. 102 (Okl.) Where a grantor assumes to con- vey, with full covenants of warranty, unoccu-
Bail; Burglary; Conspiracy, 41; Contempt; Convicts, 5; Embezzlement; False Pretenses; For- gery; Homicide; Indictment and Informa- tion; Intoxicating Liquors, 131-238; Lar- ceny; Libel and Slander, 141-160; Ma- licious Prosecution; Mandamus, 61; Rape; Receiving Stolen Goods; Seduction, 32-46; Weapons, 17; Witnesses, 300, 359.
I. NATURE AND ELEMENTS OF CRIME AND DEFENSES IN GENERAL.
24 (Okl.Cr.App.) The presumption that ev- ery sane man intends the natural consequence of his act is not conclusive or alone sufficient to convict, but must be supplemented by other evi- dence to avoid a reasonable doubt.-Jones v. State, 154 P. 689.
(C) Other Offenses, and Character of Ac- cused.
369 (Mont.) In a prosecution for statutory rape, proof of similar acts by defendant and the prosecuting witness is always admissible to corroborate the latter's testimony.-State v. Harris, 154 P. 198.
(D) Materiality and Competency in Gen- eral.
395 (Or.) In a criminal prosecution for en- gaging in the loan business without a license, certain papers and correspondence seized by the officers in defendant's rooms were admissible. State v. Ware, 154 P. 905.
(E) Best and Secondary and Demonstra-
403 (Okl.Cr.App.) A photographic copy of a deed, the signature to which was alleged to have been forged by defendant, held admissible on preliminary proof showing that it was in de- fendant's possession.-Grayson v. State, 154 P. 334.
(F) Admissions, Declarations, and Hear-
406 (Cal.App.) Accused's denial of the charge against him, not being a confession, is admissible without showing that it was volun- tarily made.-People v. Dye, 154 P. 875.
414 (Nev.) In a prosecution for burglary, it was not necessary that a foundation be laid for the admission of defendant's statements that he purchased the stolen jewelry in certain cities. -State v. Blaha, 154 P. 78.
419, 420 (Wyo.) Where witnesses have died or have left the jurisdiction, evidence of their testimony given at a former trial between the same parties cannot be excluded on the ground of hearsay.-Ivey v. State, 154 P. 589.
(G) Acts and Declarations of Conspirators | weighs the evidence on the other, not necessar- and Codefendants.
423 (Okl.Cr.App.) Where, in a prosecution for forgery it appeared that certain persons had conspired to forge a deed to defraud, held that evidence of anything said and done by any of the conspirators in furtherance of the purpose of the conspiracy was admissible against a co- conspirator.-Grayson v. State, 154 P. 334.
(H) Documentary Evidence and Exclu- sion of Parol Evidence Thereby.
430 (Okl.Cr.App.) Under Rev. Laws 1910, §§ 1170, 5099, 5115, held that a duly certified copy of the recorded deed, alleged to have been forged by accused, was admissible in evidence. Grayson v. State, 154 P. 334.
(J) Testimony of Accomplices and Code-
ily in number of witnesses or quantity, but in its effect.-People v. Miller, 154 P. 468.
561 (Cal.) A "reasonable doubt" is not a abiding conviction to a moral certainty of the mere possible doubt, but is the absence of an truth of the charge.-People v. Miller, 154 P. 468.
(B) Course and Conduct of Trial in Gen- eral.
636 (Okl.Cr.App.) That the judge, in the ab- sence of defendant and his counsel, went where the jury were deliberating and cautioned them against separating or communicating with out- siders and cautioned the bailiff against permit- ting them to separate, held not to require a re- versal.-Carter v. State, 154 P. 337.
(C) Reception of Evidence.
507 (Cal.) Where a boy 16 years of age ac- companied accused and made no protest to ac- cused committing the crime against nature, mak-662 (Wyo.) The production of witnesses in ing no complaint until questioned by others, the the examining trial where accused was allowed boy was an accomplice, and his testimony must to cross-examine held sufficient confrontation to be corroborated before conviction can be had.- warrant the introduction of their evidence on People v. Robbins, 154 P. 317. trial for the offense.-Ivey v. State, 154 P. 589.
508 (Nev.) A previously convicted joint principal is a competent witness for the state on murder trial under Rev. Laws, § 5419, de- fining witnesses, which section is applied to criminal actions by section 7451.-State v. Tranmer, 154 P. 80.
510 (Okl.Cr.App.) Under Rev. Laws 1910, § 5884, where two or more accomplices testify, the same corroboration is required as if there were but one.-Cudjoe v. State, 154 P. 500.
510 (Okl.Cr.App.) A conviction on the un- corroborated testimony of an accomplice cannot be sustained.-Clark v. State, 154 P. 1005.
511 (Cal.) Under Pen. Code, § 1111, as amended by St. 1911, p. 484, declaring a con- viction cannot be had on the testimony of an ac- complice unless corroborated, it is necessary that the evidence of corroboration shall tend to connect defendant with the crime, and it is in- sufficient if it merely casts suspicion on accused. -People v. Robbins, 154 P. 317.
In a prosecution for the crime against nature, evidence of corroboration of accused's accom- plice, held insufficient to warrant conviction. -Id.
Pen. Code, § 1111, as amended in 1911 (St. 1911, p. 484), requiring corroboration of an ac- complice before conviction can be had on his testimony, will not allow conviction where the only testimony in corroboration of the accom- plice was as to statements concerning acts not essential to the offense.-Id.
Proof of mere suspicious circumstances and of an opportunity to commit the crime will not warrant conviction on the testimony of the ac- complice.-Id.
518 (Cal.App.) Where accused was informed that he need not make a statement, any state- ment that he made concerning the charge against him is admissible without any other showing that it was voluntarily made or was not the re- sult of promises.-People v. Dye, 154 P. 875.
519 (Cal.App.) A confession of murder, which is shown, and properly determined by the court, to have been made voluntarily by defend- ant to sheriff, is admissible.-People v. Andrade, 154 P. 283.
519 (Wash.) The confession of one charged with grand larceny, voluntarily made to a po- lice officer while under arrest and in jail, though she was not reminded that she was under arrest, that she was not obliged to reply, and that her answers would be used against her, was ad- missible.-State v. Brownlow, 154 P. 1099.
(M) Weight and Sufficiency. 560 (Cal.) "Preponderance of the evidence" means only that the evidence on one side out-
678 (Mont.) In a prosecution for statutory rape, where the evidence tended to show several offenses, the action of the court, though earlier requested, in failing to require the state to elect until the close of its case, was not erroneous.- State v. Harris, 154 P. 198.
Under Rev. Codes, § 9147, where the evidence in a prosecution for statutory rape tends to show several offenses, the jury must be inform- ed, either before defendant enters upon his de- fense, or in the formal instructions, that evi- dence of other acts than the one the state relies on can only be considered as corroboration of prosecutrix.-Id.
Strike Out, and Exceptions. 695 (Wash.) In a prosecution for receiving stolen goods, a challenge to the sufficiency of the evidence, consisting only of a motion to withdraw the case from the jury and to instruct the jury to return a verdict of not guilty on the evidence presented by the state, was insufficient to raise the question of defendant's connection with the crime charged.-State v. Ketterman, 154 P. 182.
(E) Arguments and Conduct of Counsel.
706 (Nev.) Where a previously convicted joint principal was a witness in a murder trial, a question to him by district attorney, whether held misconduct.-State v. Tranmer, 154 P. 80. he was in penitentiary under death sentence,
730 (Wash.) Argument by the prosecutor that accused was a party to and induced a wit- ness to leave the state held not so palpably prejudicial that the error could not be cured by a prompt direction for the jury to disregard it.-State v. Cavelero, 154 P. 435.
742 (Okl.Cr.App.) Where the acts of the witness are admitted, the question whether he was an accomplice is for the court.-Cudjoe v. State, 154 P. 500.
Where the evidence is conflicting on whether a witness participated in the crime, the question whether he was an accomplice is for the jury. -Id.
763, 764 (Cal.App.) Without positive evi- dence connecting defendant with a homicide charged, except an alleged confession and his failure to testify for himself, an instruction that defendant does not deny the killing, but justifies it in self-defense, usurps the functions of a jury, and violates Const. art. 6, § 19, which provides that judges shall not charge juries on matters of fact.-People v. Andrade, 154 P. 283.
(G) Necessity, Requisites, and Sufficiency | ceased had retreated, without a request there- for.-State v. Hawkins, 154 P. 827. 778 (Cal.App.) Without positive evidence 829 (Cal.App.) The refusal of requests cov- connecting defendant with homicide charged, ex- ered by the charges given is not error.-People cept an alleged confession and his failure to v. Rivera, 154 P. 29. testify for himself, an instruction that defend-829 (Idaho) Refusal of an instruction cov- ant does not deny the killing, but justifies it in ered by one given and as favorable as the one self-defense, throws upon him the burden of refused held not error.-State v. Jones, 154 P. mitigation, justification, or excuse, contrary to Pen. Code, § 1105, which imposes this burden, Instructions given on the law of self-defense except when the proof of the prosecution tends as applied to the facts of the case held suffi- to show that the crime amounts only to man- cient, so that the refusal of instructions request- slaughter or was justifiable or excusable.-Peo-ed on that subject was not error.-Id. ple v. Andrade, 154 P. 283.
782 (Idaho) Rev. Codes, § 7886, does not re- | (J) Custody, Conduct, and Deliberations quire that the court, in instructing the jury, draw inferences from the facts in proof, or point out what inferences might be drawn.-State v. Jones, 154 P. 378.
865 (Okl.Cr.App.) In view of Rev. Laws 1910, §§ 5913, 5926, held that the court properly refused to discharge the jury and directed them to again retire, where they had announced that they had agreed on defendant's guilt, but were unable to agree as to the degree and punish- ment.-Rushing v. State, 154 P. 1005. (K) Verdict.
783 (Mont.) In a prosecution for statutory rape, where the evidence tended to show several acts, charges held to have instructed the jury sufficiently on the point that evidence as to acts other than that which the state elected to rely on should be considered only as corroborat- ing prosecutrix.-State v. Harris, 154 P. 198.875 (Nev.) A verdict will not be held void 783 (Wash.) In a prosecution for grand lar- for uncertainty if its meaning can be determin- ceny, a charge mentioning that there was evi- ed by reference to the record.-Ex parte Booth, dence introduced showing previous conviction, 154 P. 933.
but that it was no proof of defendant's guilt,884 (Mont.) A verdict of guilty fixing pun- but only touched her credibility, was proper.-ishment at not less nor more than two years' State v. Brownlow, 154 P. 1099. confinement in the penitentiary, was valid as a conviction of the offense charged, although not in compliance with Laws 1915, c. 14, providing for indeterminate sentences.-Ex parte Lewis, 154 P. 713.
786 (Nev.) In view of Rev. Laws, § 7160, as amended by St. 1915, c. 157, held, that the court properly refused to instruct that defendant had testified in his own behalf, that this was his legal right, and that the jury could not reject his testimony merely because he was the ac- cused.-State v. Blaha, 154 P. 78.
786 (Okl.Cr.App.) Giving of an instruction singling out accused and instructing on his credibility as a witness, held error.-Doud v. State, 154 P. 1008.
789 (Cal.) Instruction in prosecution for murder held erroneous for requiring defendant to establish defense of insanity beyond a rea- sonable doubt.-People v. Miller, 154 P. 468. Code Civ. Proc. §§ 1826, 1835, defining cer- tain degrees of evidence, have no application to the question of the correctness of an instruction which places upon the defendant the necessity of establishing his defense by a preponderance of the evidence, since those sections relate only to the character of evidence sufficient to sus- tain a verdict.-Id.
811 (Idaho) It is error to give an argumen- tative instruction directing attention to certain portions of the evidence and suggesting infer- ences to be drawn therefrom, thereby singling out certain facts favorable to defendant and ignoring others.-State v. Jones, 154 P. 378.
814 (Kan.) In the absence of evidence that the parties are husband and wife, the court need not instruct that defendant cannot be convicted of rape if the woman is his wife.-State v. Van Sickle, 154 P. 1015.
941 (Wash.) Where the questions of men- tality of the prosecuting witness and his credibil- ity were fully gone into, and the showing on such questions on a motion for new trial does not go beyond the showing made on the trial, it is not error to refuse a new trial.-State v. Brooks, 154 P. 795.
957 (Cal.App.) As a conviction cannot be set aside on the affidavit of jurors themselves, affidavits that some of the jurors believed ac- cused was entitled to an acquittal, and that none understood that in convicting accused they were convicting him of a felony, do not warrant new trial.-People v. Sidwell, 154 P. 290.
XIV. JUDGMENT, SENTENCE, AND FINAL COMMITMENT.
995 (Nev.) A judgment must follow and be supported by the verdict, and, if the verdict is not such as is determinative of the issues made by plea of not guilty, it is a void verdict, and the court has no jurisdiction to enter judgment thereon.-Ex parte Booth, 154 P. 933.
XV. APPEAL AND ERROR, AND CERTIORARI.
er Court of Grounds of Review.
(H) Requests for Instructions. 824 (Cal.App.) In a prosecution for crimi- nal libel, where the defendant requested no spe (B) Presentation and Reservation in Low- cific instruction as to his contention of privilege under Pen. Code, § 256, the failure to instruct1028 (Wash.) The question of defendant's thereon was not reversible error.-People v. connection with the offense charged cannot be Turner, 154 P. 34. raised on anneal, not having been presented to or decided by the trial court.-State v. Ketter- man, 154 P. 182.
824 (Nev.) Failure to instruct on the max- im, "Falsus in unom, falsus in omnibus," was not error, where accused made no request for such instructions.-State v. Blaha, 154 P. 78.
824 (Wash.) Where an instruction as to killing after adversary had withdrawn from con- flict stated law generally applicable, defendant could not complain of failure to present theory that darkness prevented him from knowing de-
1036 (Cal.App.) Error cannot be predicat- ed on the admission of evidence not objected to below.-People v. Rivera, 154 P. 29.
1036 (Wyo.) Where accused made no objec- tion to an affidavit of the prosecutor showing the death or absence of witnesses who testified at his examining trial, but merely objected to evi-
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