CORPORATIONS (Continued). by reason of the provisions of section 353 of the Code of Civil Pro'cedure, extended to within one year after the issuing of letters testamentary or of administration. (Id.) 13. JUDGMENT AGAINST CORPORATION-WHEN TIME BEGINS TO RUN. The time within which such action based on the stockholder's liability might be brought dates from the time of the plaintiff's injuries and not from the time he recovers judgment against the corporation for such injuries. (Id.) 14. FORFEITURE OF CHARTER-NONPAYMENT OF FRANCHISE TAX-EVIDENCE. Forfeiture of the charter of a corporation in a given year by reason of failure to pay its franchise tax cannot be proved by testimony of a deputy of the Secretary of State that he made due search of the records in the office of the Secretary of State for the purpose, and found that no tax had been paid by the corporation for that year. (Conlin v. Southern Pacific R. R. Co., 733.) 15. IRRELEVANT EVIDENCE-REFUSAL OF -INSTRUCTION.-Where the evidence as to the forfeiture of the charter of a corporation is irrelevant to any issue of the case, it is not error to refuse to instruct the jury on the question of such forfeiture. (Id.) See Agency, 2; Leases, 10; Pleading, 8a, 10. COSTS. See Divorce, 2. COURTS. TRANSFER AND ASSIGNMENT OF CASES.-The judges of the superior court in a particular county, for the more convenient dispatch of business or for any reason they may deem necessary, may assign or transfer cases for trial to any one or more of the several departments of such court. Notice of such transfer is not required by the statute. (Ransome-Crummey Co. v. Wood, 355.) COVENANTS. See Deeds, 1; Eminent Domain, 1. CRIMINAL LAW. 1. MURDER IN SECOND DEGREE--CRIMINAL ABORTION-CORPUS DELICTI -EVIDENCE SUFFICIENT. In this prosecution for murder alleged to have been committed by the defendant in the performance of an abortion, and in which the defendant was convicted of the crime of murder in the second degree, the evidence is examined and found abundantly sufficient to establish that the death of the young woman in question was due to an operation performed upon her, which was criminal in character as not necessary to preserve her life. (People v. Card, 22.) CRIMINAL LAW (Continued). 2. VERDICT OF GUILTY SUSTAINED BY EVIDENCE.-The evidence was also sufficient to sustain the verdict of the jury holding the defendant responsible for the decedent's death by means of a criminal abortion. (Id.) 3. ACCOMPLICE-TESTIMONY CORROBORATED.-The testimony of a companion of the deceased, who the court instructed the jury was an accomplice, is also examined in such case and found to be sufficiently corroborated as to all its essential parts. (Id.) 4. UNPREJUDICIAL INSTRUCTION THAT ONE WAS AN ACCOMPLICE IN FACT.-Error cannot be predicated by the defendant on the action of the court in instructing the jury that a witness, a companion of the deceased, was, as matter of fact, an accomplice, where, throughout the trial, defendant had taken the position that such person was an accomplice whose testimony required corroboration. (Id.) 5. EVIDENCE-STRIKING OUT ANSWER NOT RESPONSIVE.-An answer by a physician who had treated the deceased some weeks previous to her death, which answer, not responsive to the question asked her, stated that she had herself admitted a previous attempt to bring about an abortion, was properly stricken out. (Id.) 6. BAIL BOND-ACTION ΤΟ REFORM AND ENFORCE-PLEADING-INSUFFICIENT OBLIGATION.-Sureties on a bail bond must bind themselves that they will do certain things or upon default that they will pay the state a specified sum; it is insufficient where they agree that their principals will pay. (County of Merced v. Shaffer, 163.) 7. JOINT BOND EXCESSIVE PENALTY.—Where an order of court provided that two defendants in a criminal case be admitted to bail in the sum of five hundred dollars each, a bond purporting to be given on behalf of both defendants and providing that if the conditions are not performed the obligors will pay the people of the state the sum of one thousand dollars is insufficient, as it requires payment of one thousand dollars if either or both defendants fail to appear, whereas the order required a penalty of only five hundred dollars for each. (Id.) 8. STATUTORY BOND-COMMON-LAW OBLIGATION.-A bond in a criminal proceeding is purely statutory; if it fails to conform to the statute and order of the court, it is not good as a common-law obligation. (Id.) 9. WHEN BOND VOID.-A bail bond in excess of the order of the court is absolutely void. (Id.) 10. REFORMING VOID BOND.-A bail bond void upon its face cannot be reformed, and the court below properly sustained a demurrer to the complaint. (Id.) 11. CONFLICT OF EVIDENCE-REVIEW.-In this prosecution for a violation of section 288 of the Penal Code, the defendant having denied CRIMINAL LAW (Continued). the commission of the act as testified to by the prosecuting witness, whose testimony was corroborated by her mother, and two other witnesses, it was for the jury to pass upon the conflict of testimony, and it having done so, the appellate court may not review the evidence in this regard. (People v. Bernal, 358.) 12. INSTRUCTION-CREDIBILITY OF WITNESS-WEIGHT OF TESTIMONY.In such prosecution, the court properly instructed the jury that, "In determining as to the credit you will give a witness and the weight and value you will attach to a witness' testimony, you should take into consideration the conduct and appearance and manner of the witness while on the stand; the interest of the witness, if any, in the result of the trial; the motives which actuate the witness in testifying, or in giving contradictory or false testimony, the witness' relation or feeling toward the defendant and the probability or improbability of the witness' statement being true when considered with reference to all other evidence, facts, and circumstances proved in the case." (Id.) 13. TESTIMONY OF DEFENDANT.-In such prosecution, it was not error to instruct the jury that, "The defendant in this case has offered himself as a witness in his own behalf, and you are to judge his evidence by the same rules that you would that of any other witness. You have no right to disregard his testimony merely upon the ground that he is the defendant and stands charged with this crime; but you should fairly and impartially judge his testimony together with all other evidence in the case." (Id.) 14. INTEREST OF WITNESS.-No error was committed by the court in instructing the jury that, "In judging the credibility of a witness, whether such witness be the defendant, the prosecutor, or any other witness produced on either side, you may consider the interest and relation of such witness in and to the case. (Id.) 15. ABSENCE OF MOTIVE-INTENT.-The giving of an instruction to the effect that if the evidence in the case failed to show a motive on the part of the defendant for committing the crime charged in the information, that that was a circumstance which the jury must consider in connection with all the other evidence in arriving at its verdict, and that the absence of motive on the part of the defendant was a strong factor in favor of his innocence, followed by an instruction giving the definition of “intent" as laid down in section 21 of the Penal Code, was not error because of the use of the word "motive." (Id.) 16. CONCERN OF JURY AS TO FINAL JUDGMENT ARGUMENTATIVE INSTRUCTION.-An instruction prefaced with the words "in view of the arguments in this case" and in which the court proceeded to tell the jury, in substance, that it was not concerned with what might be the final judgment, or sentence, of the court in the event they should CRIMINAL LAW (Continued). find the defendant guilty, and that the jury must put out of consideration entirely what the court might or might not do in the case, was not argumentative. (Id.) 17. REQUESTED INSTRUCTIONS REPETITION.-The court properly declined to give the jury certain instructions proposed by the defendant which were only repetition of other instructions given. (Id.) 18. MISCONDUCT-WAIVER OF OBJECTION. Where no assignment of misconduct, or request for an admonition to the jury to disregard objectionable remarks, is made at the time of the trial, the objection will, on appeal, be deemed to have been waived. (Id.) 19. LIMITATION OF ARGUMENT-DISCRETION.-Under the circumstances in this case, the action of the trial court in limiting the argument of the defendant's counsel to the jury was no abuse of discretion. (People v. Prewett, 416.) 20. INSTRUCTIONS-PENALTIES-ERROR.-In a prosecution for murder, the giving of instructions relating to punishment for murder in the first degree, for murder in the second degree, and for manslaughter, also relating to indeterminate sentences, although not to be commended, does not constitute prejudicial error where the jury is further instructed that the penalty which may be attached to the commission of the crime must not influence them in determining the question of the innocence or guilt of the accused. (Id.) 21. APPEAL ERROR CURED-PRESUMPTION.-In such case, the last instruction would, if followed by the jury, have the effect of effac ing whatever prejudice the defendant might have suffered from the giving of the instructions in relation to penalties; and in the absence of any indication to the contrary, the appellate court will assume that the jury did in fact obey such last instruction in its deliberations and in the rendition of its verdict. (Id.) 22. ASSAULT WITH INTENT TO COMMIT RAPE-DEFECTIVE INFORMATION -INSUFFICIENT GROUND FOR REVERSAL.-In view of the mandatory direction of section 42 of article VI of the state constitution, the omission to allege in an information charging assault with intent to commit rape that the victim of the assault was not the wife of defendant is not a sufficient defect to warrant a reversal of the judgment, where the record shows that the woman was not in fact the wife of the defendant and that the trial proceeded as if the allegation were there, and fails to show that a miscarriage of justice resulted. (People v. Bonfanti, 614.) 23. EXAMINATION OF JURORS-BIAS OR PREJUDICE.-Where counsel for defendant in a criminal prosecution, by means of certain questions asked prospective jurors on their voir dire, desires to show CRIMINAL LAW (Continued). bias or prejudice, he should state his reason for asking the questions. (The People v. Hinshaw, 672.) 24. FORGERY SIMILAR OFFENSES EVIDENCE OF. In a prosecution for forgery, evidence of other similar offenses is admissible for the purpose of showing guilty intent and of rebutting the theory of accident or good faith. (Id.) 25. CONFESSIONS-ORDER OF PROOF.-In a prosecution for forgery, it is immaterial that the confession of the defendant is admitted in evidence prior to the introduction of any other evidence of the commission of the crime. The order of proof is a matter within the discretion of the trial court. (Id.) 26. EXTRAJUDICIAL CONFESSIONS-ADMISSIBILITY.-In such prosecution, extrajudicial confessions of the defendant alone are not sufficient evidence of the forgeries to render them admissible in evidence. (Id.) 27. ABSENCE OF WITNESSES-REFUSAL OF CONTINUANCE-WHEN NOT ERROR. In a criminal prosecution, the trial court does not commit error in refusing to continue the trial of the case on account of the absence of a witness for the defendant, where the application is made after considerable progress has been made in the hearing of the cause and no reason is shown why it was not made when the case was called for trial, as the statute requires, and the testimony of the witness, if produced, would be simply cumulative. (Id.) 28. BURGLARY-VERDICT EVIDENCE. In this prosecution for burglary, the evidence, while largely circumstantial, was sufficient to support the verdict. (The People v. Schiaffino, 675.) 29. APPEAL-FAILURE TO APPEAR EXAMINATION OF RECORD.-Where on appeal in a criminal case no brief is filed on behalf of the appellant and no appearance is made by or for him when the cause is, in its regular order, called for hearing and argument, and the case is submitted upon the record, it is not necessary that the reviewing court should enter into a minute examination of the facts. A general, or cursory, examination of the record is all that is required. (People v. Medaini, 676.) DAMAGES. 1. EMINENT DOMAIN-VALUE OF LAND-TIME-INSTRUCTION.-In this action to recover the value of certain land appropriated by the defendant for railroad purposes, the court properly instructed the jury that in considering the value of the land and fixing the amount of compensation which the plaintiff was entitled to recover, such value was to be determined as of the time of the taking of the property by the defendant. (Conlin v. Southern Pacific R. R. Co., |