To same effect in People v. Lane, 101 Cal. 518, as to evidence of another murder; and, on similar facts, People v. Smith, 106 Cal. 82. Cited in People v. Molineux, 168 N. Y. 314, 342, but holding evidence of other crime inadmissible.

71 Cal. 569-578. PEOPLE v. GONZALES.

Justifiable Homicide.-Necessity must be actually or apparently imminent, absolute and unavoidable, p. 577.

To same effect in People v. Dye, 75 Cal. 113, and People v. Conkling, 111 Cal. 627, holding instructions erroneous; People v. Dollor, 89 Cal. 516, and People v. Bruggy, 93 Cal. 483, sustaining instructions; People v. Hecker, 109 Cal. 463, stating general rules on subject of self-defense; State v. Rolla, 21 Mont. 586, holding instructions improper; State v. Miller, 43 Or. 333, instruction that unless necessity for taking life is actual, present and urgent, defendant cannot invoke self-defense, is inconsistent with instruction that defendant has right to act on appearances if he acts in good faith; Perkins v. State, 78 Wis. 555, 556, holding instructions erroneous as given.

71 Cal. 583-584. BAKER v. SUPERIOR COURT.

Certiorari.-Service of Petition need only be made on respondent and attorneys of party in whose favor order was made, p. 583.

To same effect in Havemeyer v. Superior Court, 84 Cal. 372, 18 Am. St. Rep. 219, holding service in prohibition proceedings sufficient under facts.

Certiorari will lie to annul order of extension of time when beyond jurisdiction of court, p. 584.

To same effect in Gibson v. Superior Court, 83 Cal. 644, granting writ on facts; Kennedy v. Mulligan, 136 Cal. 557, holding order void and default properly entered.

71 Cal. 584-585. IN RE KNOTT.

Disbarment held not warranted, under circumstances, for making false affidavit, p. 585. See note to State v. Kirke, 95 Am. Dec. 338.

Followed as to construction of same deed in Floyd v. Davis, 98 Cal. 596, 597, 598, 601.

71 Cal. 594-598. WALKER v. McCUSKER.

Purchaser on Foreclosure is entitled to rents or value of use during redemption period, p. 596.

To same effect in Bennett v. Wilson, 122 Cal. 513, discussing conflict-
ing rights of successive redemptioners where junior was judgment
creditor under void judgment; Yndart v. Den, 125 Cal. 89, construing
Code of Civil Procedure, section 707; Whithed v. Elevator Co., 9 N. Dak.
227, 235, noted under Reynolds v. Lathrop, 7 Cal. 43; United States
Mtg. Co. v. Willis, 41 Or. 484, tenant of land sold on foreclosure who is
holding under unexpired lease made by owner subsequent to mortgage
must pay rent to purchaser from day of sale, though he has paid rent
to lessor in advance; Clement v. Shipley, 2 N. Dak. 433, holding pur-
chaser entitled to rents from lessee under mortgagor; and see on same
point dissenting opinion in Rudolph v. Herman, 4 S. Dak. 296.

Trustsee of Express Trust may sue in own name as real party in
interest, p. 598.

To same effect in Anson v. Townsend, 73 Cal. 419, sustaining eject-
ment by legal owner, although trustee for another.

71 Cal. 599-602. COMSTOCK v. COUNTY OF YOLO.

Road Tax.-Procedure for Levy is subject to discretion of supervisors,
if suitable, p. 602.

To same effect in San Luis Obispo v. White, 91 Cal. 438, as to method
of election proclamation for road tax.

Probate Homestead may be adjudged though statute is silent as to
procedure, p. 602.

Cited in Hardwick v. Black, 128 Cal. 674, noted under Mawson v.
Mawson, 50 Cal. 539.

71 Cal. 602-608. PEOPLE v. BUSH.

View of Premises.-Witness named by court may point out to jury
the places named in the order, p. 606.

To same effect in People v. Milner, 122 Cal. 185, as to designation of
places by witness who has testified in reference thereto; People v.
Fitzgerald, 137 Cal. 548, holding irregularities in proceeding waived
unless objected to in trial court.

Witnesses. Court may instruct jury to consisder relationship of to
defendant, p. 607.

Cited in Keesier v. State, 154 Ind. 247, sustaining similar instruction.

71 Cal. 608-611. EX PARTE ROBINSON.

Contempt.-Declaration of refusal to obey order of court on alimony
proceedings is contempt in presence of court, p. 610.

To same effect in Ex parte Bergman, 3 Wyo. 410, as to declination to
answer questions on hearing.

71 Cal. 611-617. PEOPLE v. DEMOUSSET.

Abduction for Prostitution.-Policy of law stated; physical carrying away is unnecessary, p. 612.

To same effect on first point in People v. Fowler, 88 Cal. 139, sustaining instructions and conviction; on second point, in Humphreys v. Pope, 122 Cal. 257, applying rule to civil action for abduction of husband; dissenting opinion in State v. Gibson, 111 Mo. 113, main opinion holding evidence insufficient and that unchaste girl was not to be protected under local statute; but see on this point State v. Johnson, 115 Mo. 491 (cited in State v. Bobbst, 131 Mo. 336).

71 Cal. 618-624. PEOPLE v. LEVY.

Insanity-"Intimate Acquaintance."-Determination of qualification is within discretion of judge, p. 623.

To same effect in In re Carpenter, 79 Cal. 386, but held to apply only where testimony is admitted; and see S. C. 94 Cal. 415, cited below; Wheelock v. Godfrey, 100 Cal. 584, holding witness compétent; State v. Hansen, 25 Oreg. 395, holding defendant not prejudiced by admission of evidence; State v. Barry, 11 N. Dak. 442, determining incompetency of nonexpert to testify as to insanity.

"Intimate Acquaintance."-Qualifications stated, p. 623.

To same effect in Estate of Carpenter, 94 Cal. 415, holding witnesses not such under facts stated; State v. Lewis, 20 Nev. 348, admitting evidence.

71 Cal. 624-625. EX PARTE GILMORE.

Criminal Law.-Sentence of fine and imprisonment is not authorized under statute merely allowing either, p. 624. See note to Ex parte Bryant, 12 Am. St. Rep. 204, on right to imprison until fine paid.

Criminal Law.-Void Judgment may, within reasonable time, be vacated and second rendered pending habeas corpus proceedings on first, p. 625.

To same effect in Ex parte Moon Fook, 72 Cal. 12. Note citations: State v. Klock, 55 Am. St. Rep. 264, on general subject. Void Judgment may be Vacated on motion, if within reasonable time, p. 625.

To same effect in In re Langan, 74 Cal. 356, as to motion to vacate judgment denying probate, made within ten days; Fabretti v. Superior Court, 77 Cal. 308, as to order or judgment made inadvertently or through mistake.

71 Cal. 626-627. HOME ETC. ASSOCIATES v. WILKINS.

Undertaking on Several Appeals is insufficient when not distinctly specifying to what appeals it is applicable, p. 626.

To same effect in Forni v. Yoell, 95 Cal. 442; McCormick v. Belvin, 96 Cal. 183; Centerville etc. Co. v. Bachtold, 109 Cal. 115; Estate of Heydenfeldt, 119 Cal. 348. Cited under Corcoran v. Desmond, 71 Cal. 100; Wadleigh v. Phelps, 147 Cal. 142, appeal taken by one notice from several orders after judgment, each of which was independently appealable, is not perfected by undertaking on appeal from judgment; Hibernia etc. Soc. v. Freese, 127 Cal. 71, noted under Sharon v. Sharon, 67 Cal. 185; Carter v. Butte etc. Co., 131 Cal. 351, quoting Estate of Heydenfeldt, 119 Cal. 346; Creek v. Bozeman etc. Co., 22 Mont. 329, holding bond insufficient.

Undertaking on Appeal cannot be filed in supreme court when first is entirely void, p. 626.

To same effect in Schurtz v. Romer, 81 Cal. 246, holding such second bond ineffective; Stackpole v. Hermann, 126 Cal. 466, and Jarman v. Rea, 129 Cal. 158, holding original bond void. Distinguished in Spreckels v. Spreckels, 114 Cal. 62, permitting filing of new undertaking where original merely defective.

71 Cal. 627-635. BOYS AND GIRLS ETC. SOCIETY v. REIS.

Minor Criminals-Reformatory.—Act of March 15, 1883-Penal Code, section 1388-is constitutional, p. 628.

To same euect in Cochran v. Los Angeles, 117 Cal. 538, ruling similarly as to acts creating Whittier School.

Offices.-Judicial Discretion in authorizing payments need not be approved by supervisors, p. 634.

To same effect in McAlisteer v. Hamlin, 83 Cal. 367, as to allowance to court reporters; Ex parte Widber, 91 Cal. 371, but denying right of judge to order county treasurer to pay demands under section 114, Code of Civil Procedure; Stevens v. Truman, 127 Cal. 158, 160, 161, noted under Ex parte Reis, 64 Cal. 233.