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For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

will consider things agreed or directed to be done as having been done.-Id.

15(2) (Mo.) Executor's power to sell land and distribute proceeds authorizes application of doctrine.-Turner v. Hine, 933.

22(2) (Mo.) Legatees entitled to proceeds of sale may elect before sale to take land itself; "reconversion."-Turner v. Hine, 933.

22(3) (Mo.) Legatees' conveyance of interests before sale of land held sufficient to authorize application of doctrine.-Turner v. Hine, 933.

All legatees must elect to reconvert unless conveyance by some will not impair interests of others. Id.

Conveyances of interests of all but one of legatees before sale held ineffective as reconversion. Id.

Court may dismiss petition of stockholders against officers for accounting for failure to allege and prove any substantial interest in subject-matter of suit.-Id.

320(13) (Mo.) Receiver held unnecessary in suit by minority stockholders against officers and directors of nongoing corporation, for accounting.-Collins v. Martin, 941.

Orders appointing receiver with direction to institute suit against officers for misappropriation of funds, etc., held not exercise of sound judicial discretion.-Id.

VII. CORPORATE POWERS AND

LIABILITIES.

(A) Extent and Exercise of Powers in General.

372 (Ky.) General words following specific Legatees' conveyances of interests in land enumeration of powers are restricted to powbefore sale and distribution of proceeds among ers of same class.-Rogers v. Ramey, 254. them held valid, though ineffective as recon-376 (Ky.) Stockholder cannot pay debt to version by reason of failure of one to so elect. corporation by surrendering stock to it.-Mer-Id. chants' Wholesale Grocery Co. v. Forsythe, 869.

CORPORATIONS.

See Carriers; Electricity; Gas: Joint-Stock 380 (Ky.) Charter held to authorize bro-
Companies and Business Trusts; Municipal kerage corporation to act as insurance agent.-
Corporations: Railroads; Street Railroads: Rogers v. Ramey, 254.
Telegraphs and Telephones.

IV. CAPITAL, STOCK, AND DIVIDENDS. (B) Subscription to Stock.

80 (4) (Ky.) Agent's oral representations held merged in written contract for sale of stock.-Merchants' Wholesale Grocery Co. v. Forsythe, 869.

Requirement agent shall be of good character does not prevent corporation from acting as agent.-Id.

(B) Representation of Corporation by Officers and Agents.

400 (Tex.Civ.App.) Evidence of limitation on general manager's authority to buy grain held properly rejected as not binding seller.80(12) (Ky.) Petition for fraud in sale of Farmers' Mill & Elevator Co. v. Hodges, 72. stock in a pretended corporation held insuffi-417 (Tex.Civ.App.) General manager held cient to state a cause of action.-Corley v. Car- not authorized to release debt in absence of son, 181. consideration for his agreement.-Baker Coleman Abstract Co., 412.

80(12) (Ky.) Plea of fraud in sale of corporate stock held insufficient.-Merchants' Wholesale Grocery Co. v. Forsythe, 869.

V. MEMBERS AND STOCKHOLDERS.
(D) Liability for Corporate Debts and

Acts.

232(3) (Mo.App.) Stockholders are liable for excessive value of property given for stock notwithstanding good faith.-Hastings v. Scott,

973.

Requirement property exchanged for stock be itemized does not change rule requiring value. -Id.

V.

422 (1) (Tex. Civ. App.) Declaration of agent must be made under expressed authority, or authority implied from the business to bind corporation.-Farmers' Mill & Elevator Co. v. Hodges, 72,

X. CONSOLIDATION.

ex

590 (3) (Tex.Civ.App.) Consolidated press company held liable for debts of constituent companies.-Grice v. American Ry. Express Co., 82.

591 (Tex.Civ.App.) Evidence held to show agreement by consolidated company to assume Latitude should be allowed in estimating debts of constituents.-Grice v. American Ry. value of property exchanged for corporate Express Co., 82. stock.-Id.

FRANCHISE..

253 (Tex.Civ.App.) Insolvency and neces-XI. DISSOLUTION AND FORFEITURE OF sity of amounts due for stock established by judgment in receivership case.-Mitchell V. Bowles, 459.

262(2) (Tex.Civ.App.) Fraud in procuring stock subscription not available against creditors of insolvent corporation.--Mitchell Bowles, 459.

V.

619 (Mo.) Officers and directors, without joining corporation whose existence has ceased, may be required to account as trustees for assets to persons having substantial interest therein.-Collins v. Martin, 941.

XII. FOREIGN CORPORATIONS.

Organization under laws of another state than agreed not available against creditors after in- 668(1) (Tex.Civ.App.) Service of alias cisolvency, where note was given under subscrip- tation upon agent not shown to be such held tion contract.-Id. to confer no jurisdiction.-Chaffin v. Wm. J. Lemp Brewing Co., 715.

265(4) (Tex.Civ.App.) Receiver cannot have judgment on stock subscription note in posses-668 (16) (Tex.Civ.App.) Uncontroverted sion of persons outside court's jurisdiction and not parties to suit.-Mitchell v. Bowles, 459.

269 (3) (Mo.App.) Evidence held to sustain finding property exchanged for stock was overvalued. Hastings v. Scott, 973.

atlidavit that agent served was in fact not defendant corporation's agent held to justify a finding of no service.-Chaffin v. Wm. J. Lemp Brewing Co., 715.

669 (Tex.Civ.App.) Appointment of attorney to represent corporation after service by publication held proper.-Chaffin v. Wm. J. Lemp Brewing Co., 715.

COSTS.

NATURE, GROUNDS, AND EXTENT OF

VI. OFFICERS AND AGENTS. (C) Rights, Duties, and Liabilities as to Corporation and Its Members: 320(112) (Mo.) Issue of stockholder's claim of ownership of stock disclosed on trial I. in suit for accounting should be framed in pleadings and tried with other issues, and re- 32(1) (Mo.) Court held without discretion lief determined thereon.-Collins v. Martin, to tax costs against prevailing party.-Newton 941. v. Olson-Schmidt Const. Co., 929,

RIGHT IN GENERAL.

45 (Tex.Civ.App.) Judgment for deceased defendant for costs held improper.-Chaffin v. Wm. J. Lemp Brewing Co., 715.

COUNTERCLAIM.

See Set-Off and Counterclaim.

COUNTIES.

II. GOVERNMENT AND OFFICERS.

(D) Officers and Agents.

69(1) (Ky.) Officer cannot

recover com

231 (23) (Mo.) Constitutional question decided favorably to appellant, and not thereafter kept alive, does not give Supreme Court jurisdiction.-California Special Road Dist. v. Bueker, 927.

231(23) (Mo.) No constitutional question raised by averment that count charges no offense.-State v. Hale, 958.

Appellate jurisdiction not given by constitutional question first injected by argument or brief on appeal.-Id.

To give appellate jurisdiction constitutional

pensation for services, unless fixed by law.-question to be raised timely in course of orderly Graves County v. Roach, 175.

III. PROPERTY, CONTRACTS, AND LIA-
BILITIES.

(C) County Expenses and Charges and
Statutory Liabilities.

133 (Ky.) Cannot become indebted by implication. Graves County v. Roach, 175. County liable for cost of notifying taxpayers of increase in assessments.-Id.

VI. ACTIONS.

218 (Ky.) Note for subscription to highway fund payable to special treasurer held valid and enforceable by suit in joint names of county and such treasurer.-Webb v. Dunn, 840.

COURTS.

procedure.-Id.

For appellate jurisdiction constitutional question to be kept alive.-Id.

For appellate jurisdiction particular provision of Constitution violated to be pointed out. -Id.

pointed out wherein statute conflicted with For appellate jurisdiction it must have been

Constitution.-Id.

231 (23) (Mo.) Appellate jurisdiction not given by constitutional question raised by answer instead of demurrer.-Dorrah v. Pemiscot County Bank, 960.

Constitutional question giving appellate jurisdiction not raised by mere statement of legal conclusion.-Id.

231 (23) (Mo.) Constitutional question not raised relative to appellate jurisdiction by mere assertion of statute violating certain sections.

See Criminal Law. 103; Judges; Prohibition; State v. Nece, 963.
Removal of Causes.

II. ESTABLISHMENT, ORGANIZATION, AND
PROCEDURE IN GENERAL.
(B) Terms, Vacations, Place and Time of
Holding Court, Courthouses, and

Accommodations.

64(2) (Ky.) Trial at special term held proper. Sowders v. Commonwealth, 187.

64(3) (Ky.) Statute authorizing special term of court construed.-Sowders v. Commonwealth, 187.

(C) Rules of Court and Conduct of Busi

ness.

VIII. CONCURRENT AND CONFLICTING
JURISDICTION, AND COMITY.

(A) Courts of Same State, and Transfer of
Causes.

472 (3) (Ky.) County court and circuit court have concurrent jurisdiction.-Duke v. Allen, 894.

487(4) (Mo.) Supreme Court will not retain jurisdiction not shown by record.-Severson v. Dickinson, 595.

COVENANTS.

II. CONSTRUCTION AND OPERATION. (B) Covenants of Title.

85(1) (Tex.Com.App.) Court of Civil Appeals has right to enforce its rules within limi-42(1) (Tex.Civ.App.) Deed held not to tation as justice requires.-Rowntree v. Peck contain a special warranty against mortgage. Furniture Co., 26. -Holland v. W. C. Belcher Land Mortg. Co., 803.

(D) Rules of Decision, Adjudications, 47 (Tex.Civ.App.) General covenant of

Opinions, and Records.

warranty applies only to whole title.-Liberto v.. Sanders, 120.

97 (5) (Ark.) Interstate shipments governed by acts of Congress and decisions of Supreme court.-Jonesboro, L. C. & E. R. Co. v. (C) Covenants as to Use of Real Property. Maddy, 911. as to use of 99(2) (Ky.) Ruling on demurrer does not 49 (Mo.App.) Restriction preclude dismissal of suit.-Hardin v. Johnson, property strictly construed.-Williams v. Carr, 51 (2) (Mo.App.) Ambiguity as to creation IV. COURTS OF LIMITED OR INFERIOR of building restrictions will be resolved against JURISDICTION. them.-Williams v. Carr, 625.

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III. PERFORMANCE OR BREACH. 89 (Ky.) Knowledge acquired otherwise by warrantor is not equivalent of notice to defend. -Burchett v. Blackburne, 853.

102(1) (Ky.) Action not maintainable under warranty of title until after eviction.Burchett v. Blackburne, 853.

103 (2) (Mo.App.) Garage held a "barn" within building restrictions.-Williams v. Carr, 625.

IV. ACTIONS FOR BREACH.

114(5) (Ky.) Petition for breach of warranted title must allege eviction by paramount title or notice to warrantor to defend.-Burchett v. Blackburne, 853.

For cases in Dec.Dig. & Am,Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

121 (2) (Ky.) Warrantee must prove evic- the state held properly admitted in connection tion by paramount title if he does not notify with other facts.-State v. Bennett, 924. warrantor to defend.-Burchett v. Blackburne, 338(6) (Tex.Cr.App.) Character evidence 853. as to persons not in proximity to offense held irrelevant.-Lovel v. State, 349.

121(3) (Ky.) Warrantor is bound by judgment against warrantee if notified to defend. 351(1) (Ky.) Evidence as to nervousness -Burchett v. Blackburne, 853. of accused when bloodhound was brought held 130(4) (Tex.Civ.App.) Action on breach of incompetent.-Springs v. Commonwealth, 535. warranty for failure of title predicated on equi-351(2) (Ky.) Evidence of conduct of actable estoppel.-Liberto v. Sanders, 120. cused when arrested held incompetent.-Springs v. Commonwealth, 535.

CRIMINAL LAW.

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354 (Tex.Cr.App.) Evidence of enormity of crime and apparently inadequate motive are admissible.-Sagu v. State, 390.

364(5) (Ky.) Testimony as to conduct and statements of defendant immediately after shooting held competent.-Clem v. Common46;365(3) (Tex.Cr.App.) Other criminal acts wealth, 1036. of defendant at the time part of res gestæ.Sagu v. State, 396.

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103 (Tex.Cr.App.) Jurisdiction held ferred by transfer, though order not noted in State, 392. minutes of court.-Koehan v. State, 365.

V. VENUE.

(A) Place of Bringing Prosecution. 108(1) (Tex.Cr.App.) Venue in abortion case confined to county where offense is committed.-Humphries v. State, 374.

112(2) (Tex.Cr.App.) No jurisdiction of prosecution for abortion resulting from operation performed in another county.-Humphries v. State, 374.

(B) Change of Venue. 137 (Tex.Cr.App.) Overruling verted application for change of venue held error.-Ross v. State, 685.

369 (2) (Ark.) Testimony as to defendant's arrest for similar offense on previous occasion, and articles found in his room, held incompetent.-Wood v. State, 568.

369(6) (Ky.) Error to admit evidence showing operation of moonshine still at different times and places.-Jackson v. Commonwealth, 242.

371(12) (Ky.) Evidence of other offenses is admissible to show motive.-Burns v. Commonwealth, 848.

Evidence previous shooting scrape occurred between accused and deceased is competent. -Id.

uncontro-374 (Tex.Cr.App.) Charge to which defendant is entitled relative to considering collateral crimes in evidence, stated.-Lankford v. State, 389.

142 (Tex.Cr.App.) Bail may be granted where case pending after change of venue or upon habeas corpus returnable in county where crime committed.-Ex parte Meador, 348.

Application for habeas corpus after change of venue should be presented first where case is pending.-Id.

IX. ARRAIGNMENT AND PLEAS,
NOLLE PROSEQUI OR DIS-
CONTINUANCE.

AND

(D) Materiality and Competency in Gen

eral.

393 (1) (Tex.Cr.App.) Evidence of search and seizure of still held not scheme to make defendant testify against himself.-Harris v. State. 54.

393 (2) (Tex.Cr.App.) Evidence of search and seizure of still and introduction of apparatus in evidence held not scheme to make deState. 54. fendant testify against himself.-Harris

V.

290 (Ky.) Motion for peremptory instruction does not raise question of former jeopardy. -Sorrels v. Commonwealth, 205. 290 (Ky.) Question of former jeopardy394 (Tex.Cr.App.) Arresting officer's testiheld not raised by motion to dismiss.-Carody mony as to seizure admissible despite absence or insufficiency of search warrant.-Gurski v. v. Commonwealth, 1013. State, 353.

291 (Ky.) Plea of former jeopardy not renewed under second indictment held not pre-395 (Tex.Cr.App.) Whisky found on persented for ruling.-Carody v. Commonwealth, son and premises admissible despite absence or insufficiency of search warrant.--Gurski State, 353.

1013.

X. EVIDENCE.

(A) Judicial Notice, Presumptions, and Burden of Proof.

304 (2) (Ark.) Common knowledge banks deal in money only when giving depositors credit. Gurley v. State, 902.

304 (13) (Ky.) Judicial notice of time of regular terms of court taken.-Sowders v. Commonwealth. 187.

318 (Tex.Cr.App.) In cases of circumstantial evidence, inferences from evidence in state's possession, but not introduced, are in favor of accused.-White v. State, 690.

331 (Tex.Cr.App.) Burden of proof of insanity on defendant.-Sagu v. State, 390. (B) Facts in Issue and Relevant to sues, and Res Gestæ.

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406(5) (Tex.Cr.App.) Statement of accused held admissible in evidence.-Staton v. State, 356. Is-406 (5) (Tex.Cr.App.) Admission of testimony of conversation between accused and another concerning still held not error.-McKnight v. State, 377.

338 (3) (Mo.) Defendant's statements that he brought the goods to a certain county within

406 (5) (Tex.Cr.App.) Statement made by accused after arrest as to location of still held admissible.-Wade v. State, 381.

1136 473 (Tex.Cr.App.) wound may express opinion as to its probable Physician describing nature.-Windham v. State, 51. 406(5) (Tex.Cr.App.) Statement made by Physician's testimony that he thought asaccused after arrest as to location of still held saulted_party's skull was fractured held admisadmissible.-Wade v. State, 382. sible.-Id.

406(5) (Tex.Cr.App.) Statements of de-476 (Tex.Cr.App.) Exclusion fendant before arrest admissible.-Lugo v. cian's testimony as to whether wound could of physiState, 387. have been made by bottle thrown certain dis

406 (5) (Tex.Cr.App.) Testimony as to de- tance held reversible error.-Tolston v. State, fendant's statement of reason for taking mon- 50.

ey obtained by threats held not objectionable 476 (Tex.Cr.App.) Physician describing as not referring to matter under investigation. wound may express opinion as to probable -Simmons v. State, 392. cause, nature, and effect.-Windham v. State.

Testimony that defendant told prosecuting 51. witness to say that defendant borrowed money 488 (Tex.Cr.App.) Doctor's testimony that obtained by threats held admissible.-Id. he had tested liquor, and found it to contain 407(1) (Ky.) Statements in defendant's 50 per cent. alcohol, held admissible.-Harris presence with his accompanying action or v. State, 54. speech held admissible.-Pharris v. Commonwealth. 230.

(J) Testimony of Accomplices and Code

fendants.

407(2) (Mo.) Statements of third party made in presence of defendant while in cus-507 (1) (Ky.) Witness receiving whisky tody, and not denied, are inadmissible.-State transported by defendant held not an accomv. Dengel, 603. plice.-Delong v. Commonwealth, 839. C407 (2) (Tex.Cr.App.) Accused not bound 507 (1) (Ky.) Person who delivers supplies by statements of third party, unless made in to still is an "accomplice."-Dennison v. Comhis presence and hearing.-Smith v. State, 685. monwealth, 880. 417(10) (Tex.Cr.App.) Statement of another indicted for same offense held inadmissible.-Staton v. State, 356.

419, 420 (8) (Tex. Cr. App.) Testimony in prosecution for swindling held inadmissible hearsay.-Boswell v. State, 360.

507 (1) (Tex.Cr.App.) Purchaser of liquor before amendment of Dean Law, in testifying thereto to show purpose of seller's subsequent possession, accomplice witness.-Lankford v. State, 389.

507 (4) (Tex.Cr.App.) Officer, arranging with porter of hotel to send prostitute to his room, held accomplice.-Sterling v. State, 654. ing liquor of accused held an accomplice.507 (4) (Tex.Cr.App.) Son of sheriff, buySmith v. State, 685.

419, 420(10) (Ark.) Admission of police officer's testimony, as to prosecuting witness' statement that he recognized defendant as one who robbed him, held error.-Wood v. State, 419, 420 (10) (Mo.) Evidence as to identi-508 (7) (Mo.) Codefendant who has pleaded fication of defendant held hearsay.-State v. guilty is a competent witness.-State v. RoderDengel, 603. man, 964.

568.

419, 420 (10) (Tex. Cr. App.) Admission of physician's testimony that prosecutrix told him defendants procured abortion on her held re--Sterling v. State, 684. versible error.-Scott v. State, 355.

ing whether testimony, exclusive of that of ac511(1) (Tex.Cr.App.) Method of determincomplice, sufficient to corroborate him stated.

419, 420 (11) (Tex.Cr.App.) Testimony of telephone conversation held inadmissible hearsay.-Wilson v. State, 687.

timony of accomplice in prosecution for procur-
Evidence held insufficient to corroborate tes-
ing.-Id.
511(4) (Ky.) Evidence held to corroborate
accomplice testimony.-Dennison v. Common-

(G) Acts and Declarations of Conspira- wealth, 880.

tors and Codefendants.

427 (2) (Ky.) Statements of alleged conspirators in defendant's absence inadmissible, when conspiracy not established.-Pharris v. Commonwealth, 230.

(K) Confessions.

522 (3) (Tex.Cr.App.) Confessions obtained by unlawful assault not voluntary.-White v. State, 690.

427 (4) (Ky.) Acts and statements of alleged conspirators admissible to establish conspiracy.-Pharris v. Commonwealth, 230. 427 (5) (Ky.) Conspiracy cannot be estab-vant in corroboration of confession.-Id. lished by suspicion or by showing natural or reasonable relations and associations.-Pharris v. Commonwealth, 230.

dence corroborating confession not error.— 534(1)(Tex.Cr.App.) Admission of eviTodd v. State, 695.

Evidence of surrounding conditions held rele

(M) Weight and Sufficiency. 427(5) (Tex.Cr.App.) Evidence held to es- sufficient unless it excludes every reasonable 552(3) (Ky.) Circumstantial evidence intablish conspiracy to defraud insurance com-hypothesis of innocence.-Springs v. Commonpany.-Cochrain v. State, 43. wealth, 535.

428 (Tex.Cr.App.) Both written and oral statements of co-conspirators are admissible. -Cochrain v. State, 43.

(1) Opinion Evidence.

552 (3) (Tex.Cr.App.) Circumstantial dence must exclude every other reasonable hyevipothesis arising from evidence on trial.-Lovel v. State, 349.

560 (Mo.App.) Suspicions will not support conviction.-State v. Ferrell, 979.

448 (12) (Mo.) Evidence as to identifica-570(1) (Tex.Cr.App.) Evidence of enormition of defendant held a conclusion.-State v. Dengel, 603.

C456 (Tex.Cr.App.) Witness' testimony that party assaulted was "addled" when picked up held admissible.-Windham v. State, 51.

459 (Tex.Cr.App.) Nonexpert witness' testimony that liquor drunk by him was intoxicating held admissible.-Gurski v. State, 353.

ty of crime and apparently inadequate motive
-Sagu v. State, 390.
are admissible, but not conclusive of insanity.

570 (2) (Tex.Cr.App.) Burden of proof of insanity on defendant, and sanity need not be proved beyond reasonable doubt.-Sagu v. State, 390.

459 (Tex.Cr.App.) Opinion evidence that XI. TIME OF TRIAL AND CONTINUANCE. liquor was intoxicating held competent and suf-589(1) (Tex.Cr.App.) Refusal of two days' ficient to sustain finding.-Szymanski v. State, delay where indictment not served till demand380. ed held not error.-Wells v. State, 378.

1137

material

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER C595(2) (Tex.Cr.App.) Refusal of continu- 719(1) (Tex. Cr. App.) Unsworn ance for absence of witness held not error.- statement of state's counsel to jury reversible error.-Boswell v. State, 360. Staton v. State, 356. ab-719(3) (Ark.) State counsel's expressions 595(4) (Tex.Cr.App.) Testimony sent witnesses held immaterial.-Cochrain v. of opinion held proper argument.-Spier v. State, 281. State, 43.

of

598 (2) (Tex.Cr.App.) Continuance for ab- 719(3) (Tex.Cr.App.) Statement of prose sent witness need not be granted, unless dili- cuting counsel during argument held reversible error.-Boswell v. State, 360. gence is shown.-Cochrain v. State. 43. se-721 (4) (Tex.Cr.App.) Argument held not allusion to accused's failure to testify.-Staton v. State, 356.

598 (6) (Tex.Cr.App.) Due diligence to cure witness requires issuance of subpoena before lapse of more than three months after indictment and arrest.-Gurski v. State, 353.

603 (2) (Tex.Cr.App.) Application for continuance for absence of witnesses in seduction prosecution held insufficient.-Rhodes v. State, 679. of second 614(1) (Tex. Cr. App.) Denial continuance for absent witnesses held not error.-McKnight v. State, 377.

XII. TRIAL.

for

721/2(1) (Tex. Cr. App.) Permissible counsel to comment on failure to call witnesses.-Bowlin v. State, 396. State's counsel could comment on failure of defendant to ask question of witness.-Id. of 7212 (2) (Tex. Cr. App.) Statement state's counsel as to reason for not calling witness held warranted.--Bowlin v. State, 396. 723(1) (Ark.) Reference by state's counsel to demonstration by spectators held improper.

(B) Course and Conduct of Trial in Gen--Pendergrass v. State, 914.

eral.

641(1) (Mo.) Defendant's attorney held not denied right to consult with client confined in jail.-State v. Roderman, 964.

723(1) (Mo.) Argument of assistant prosecutor held improper.-State v. Delcour, 606.

723 (1) (Tex.Cr.App.) Argument that accused's father was able to hire high-priced 655(5) (Tex.Cr.App.) Statement of prose- lawyers for him held error.-Todd v. State, 695. cuting counsel during argument and court's re-730(1) (Tex.Cr.App.) Reprimanding counmark held reversible error.-Boswell v. State, sel discretionary.-Bowlin v. State, 396.

360.

655 (5) (Tex.Cr.App.) Remarks of court as to conduct of counsel held not erroneous.Wade v. State, 381.

(C) Reception of Evidence.

665(1) (Tex.Cr.App.) Making rule apply to all witnesses held not error.-Bowlin v. State, 396.

Court held not to have abused discretion in putting accused's mother under rule.-Id.

of

730 (5) (Ark.) State attorney's argument without prejudice, in view of instruction.-Spier v. State, 281.

730 (8) (Tex.Cr.App.) Conduct of state's attorney held harmless.-Bowlin v. State, 396.

730(14) (Ark.) Reference by state's counsel to demonstration by spectators held improper, but curable by court's action.-Pendergrass v. State, 914.

(F) Province of Court and Jury in General.

673 (2) (Tex.Cr.App.) Limitation of evidence of condition of body of deceased held un-741 (1) (Ky.) If any evidence indicates denecessary, but not material error.-Todd V. fendant's guilt, case must go to jury.-Sorrels State, 695. v. Commonwealth, 205. 678(3) (Ky.) Introduction evidence 741(1) (Ky.) Case submitted to jury when showing finding of still held election rendering there are facts from which guilt can be desubsequent evidence concerning different still duced.-Pharris v. Commonwealth, 230. inadmissible.-Jackson v. Commonwealth, 242.752 (Mo.) Rule as to granting request to 684 (Ark.) Within court's discretion to instruct to acquit in nature of demurrer to permit direct testimony by state after defend- evidence.-State v. Whitman, 937. ant has rested.-Smith v. State, 555.

(D) Objections to Evidence, Motions to Strike Out, and Exceptions.

693 (Mo.) Objection to testimony, not interposed until question is answered, is made too late.-State v. Walker, 947.

696 (4) (Mo.) General objection in motion to strike testimony given insufficient.-State v. Delcour, 606.

753(1) (Ky.) Directed verdict properly denied if the evidence sufficient for jury.-Sorrels y. Commonwealth, 205.

757(7) (Ark.) Instruction to disregard testimony of witness testifying falsely as to one material fact held to invade jury's province.Roberts v. State, 293.

Instruction on credibility not objectionable as telling jury to disregard witness' testimony if he testified falsely as to material fact.-Id.

(E) Arguments and Conduct of Counsel.762(5) (Tex.Cr.App.) Warning in charge

711 (Tex.Cr.App.) Limiting time for argument held not error.-Blonk v. State, 375.

714 (Tex.Cr.App.) Prosecutor's statement that grand jury had passed on prosecuting witness' guilt held error.-Rosborough v. State, 372.

denies

against finding verdict by chance or lot held not improper.-Lovel v. State, 349.

763, 764 (17) (Tex.Cr.App.) Instruction in arson case held erroneous as on weight of evidence.-White v. State, 690.

(G) Necessity, Requisites and Sufficiency of Instructions.

714 (Tex.Cr.App.) Where statute right to suspended sentence, permission to read application, and instruction thereon properly 778 (4) (Tex. Cr. App.) Customary charge on presumption of innocence proper.-Sagu v. denied.-Blonk v. State, 375. counsel war-State, 390.

715 (Tex.Cr.App.) State's

717 (Tex.Cr.App.) Prosecutor's

ranted in exhibiting letter and requesting ju- 780(1) (Tex.Cr.App.) Proper to charge rors to note difference in handwriting.-Bowlin that conviction cannot be had on testimony of accomplice alone.-Sterling v. State, 684. v. State, 396. argument 781 (8) (Tex.Cr.App.) Denial of instruction that accused should have appealed to officers of regarding effect of exculpatory and mitigating law for protection if deceased threatened his facts embraced in state's evidence held error. life held not ground for reversal.-Olivares v.-Forrester v. State, 40. to pur 783(1) (Mo.App.) Instruction as State, 366. must pose for which certain evidence was admitted 719(1) (Mo.) Prosecuting attorney confine his argument to the facts elicited.- held properly refused as unintelligible.-State State v. Dengel, 603.

v. Graves, 976.

248 S.W.-72

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