943 INDEX-DIGEST VII. CORPORATE POWERS AND LIABILITIES. (B) Representation of Corporation by Officers and Agents. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER fraud of codirector held to defeat right to re- tions.-Powell v. United Ass'n of Plumbers and scission and return.-Reed v. Pheeney, 148 N. Steamfitters of United States and Canada, 148 N. E. 728. that plaintiff E. 448. 672 (2) (N.Y.) Allegation corporation, ceased to exist insufficient, when information supporting the allegation does not show nonexistence.-Joint-Stock Co. of Volgakama Oil & Chemical Factory v. National Answer, alleging on information and belief City Bank of New York, 148 N. E. 552. that plaintiff is not corporation, sufficient.—Id. 691 (N.Y.) Russian not to terminate corporate capacity.-Jointtempting to punish settlements abroad, held Stock Co. of Volgakama Oil & Chemical Factory v. National City Bank of New York, 148 N. E. 552. 423 (Ind.App.) Whether or not manager of corporation was authorized to make illegal transactions immaterial.-Sawers Grain Co. v. Teagarden, 148 N. E. 205. Authorization of manager to "hedge" grain bought as deemed necessary held not to authorize speculating in futures and options.-Id. 426(1) (Mass.) Ratification may be found from acts presumed to have been performed under corporation's authority.-Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105. 426 (6) (Mass.) Ratification of officers' execution of note need not be by formal vote. Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105. Soviet decree, at Soviet decree, annulling shares, bonds, and held not to terminate Russian corporation.-Id. securities not listed with government bank, Soviet decree, nationalizing corporations, held not to terminate existence.-Id. COSTS. VI. TAXATION. 432 (12) (Mass.) Evidence held to show execution and delivery of note by president_and assistant treasurer were ratified.-Banca Italof excessive fee charged by court reported in iana Di Sconto v. Columbia Counter Co., 148214 (Ind.) Motion to retax costs, because ton Hotel Realty Co. v. Bedford Stone & Conpreparing bills of exception, denied.-Washingstruction Co., 148 N. E. 405. N. E. 105. 433 (2) (Mass.) Whether corporation ratified president and assistant treasurer's execution and delivery of note held for jury.-Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105. (D) Contracts and Indebtedness. ~447 (Mass.) To make contract of corporation valid, all elements necessary to other contracts are essential.-Lennox v. Haskell, 148 N. E. 811. VII. ON APPEAL OR ERROR, AND ON NEW TRIAL OR MOTION THEREFOR. 241 (111.) Appellants held chargeable with only half of costs of appeal.-Hirsh v. Arnold, 148 N. E. 882. COUNTERCLAIM. 472 (N.Y.) Corporate bond payable to reg- See Set-Off and Counterclaim. istered holder held transferable as between seller and purchaser by proper indorsement.Reynolds v. Title Guarantee & Trust Co., 148 N. E. 514. Mortgagor and trustee in effect contract that transfer of registered bond may be completed by registry.-Id. Contract to transfer registered bonds held to have consideration.-Id. 473 (N.Y.) Broker, as indorsee of registered bonds, acquired right thereto which he could protect by compelling transfer.-Reynolds v. Title Guarantee & Trust Co., 148 N. E. 514. Right of broker as transferee to compel transfer of registered bonds not lost by subsequent issue of duplicates.-Id. One, accepting attempted transfer of bond without delivery, takes title only of original registered holder.-Id. 479 (N.Y.) Guarantee company held under evidence not liable to holder of duplicate bonds, for dereliction as trustee.-Reynolds v. Title Guarantee & Trust Co., 148 N. E. 514. COURTS. 90-97; Judges; Prohibition; Removal of See Amicus Curiæ; Contempt; Criminal Law, Causes. I. NATURE, EXTENT, AND EXERCISE OF (Ohio) Action properly brought 18 (N.Y.) Court having jurisdiction over a foreign corporation may prohibit its doing of an act in a foreign jurisdiction.-Niagara Falls International Bridge Co. v. Grand Trunk Ry. Co. of Canada, 148 N. E. 797. Rights in bridge crossing from Canada to New York, created by both governments, may be protected by either by prohibiting acts outside its jurisdiction.-Id. Contract of guarantee company, that registered bonds might pass from hand, not subject 23 (Mass.) Waiver by parties cannot conto limitation that they must be presented for fer jurisdiction over cause not vested in court. transfer before duplicate bonds were issued.-Warner v. City of Taunton, 148 N. E. 377. Id. XII. FOREIGN CORPORATIONS. ~636 (III.) General assembly may prescribe conditions under which foreign corporations may do business within state, and may exclude them entirely.-Hanover Fire Ins. Co. v. Carr, 148 N. E. 23. 32 (111) Jurisdiction of person not acquired, where notice not given as required by law. -Keal v. Rhydderck, 148 N. E. 53. 33 (III.) Record must show court's authority, where exercising a special statutory juris36 (III.) Jurisdiction not presumed, where diction. Keal v. Rhydderck, 148 N. E. 53. court exercising special statutory jurisdiction. -Keal v. Rhydderck, 148 N. E. 53. 37(3) (11.) Holder of subordinate trust deed, after giving bond to avoid appointment of receiver in suit to foreclose prior trust deed, held not in position to attack court's jurisdiction.-Robinson v. Miller, 148 N. E. 319. 665(3) (N.Y.) Relief seldom extended be-39 (Mass.) Court must consider whether it yond call of emergency in controversies touch- has jurisdiction on its own motion.-Warner v. ing internal management of foreign corpora- City of Taunton, 148 N. E. 377. 54 (Ohio) Act held to fix time when courts of probate and common pleas shall stand combined as result of election, different from time fixed by Constitution, and contravenes Constitution to that extent.-State v. Corbett, 148 N. E. 357. 219(8) (III.) Appeal calling for construction of a statute does not involve a "constitutional question," where validity of statute is admitted.-People v. Cermak, 148 N. E. 382. Validity of statute must be involved, to warrant appeal direct from lower court to Supreme Court.-Id. No constitutional question involved, where no question raised by either party as to validity of statute or construction of constitutional provision.-Id. Office of probate court stands combined with court of common pleas immediately on deter-219(9) (III.) Constitutional question, not mination of fact that majority of electors voted necessarily raised by motion to quash search for combination.-Id. warrant, issued under statute, not alleged to violate Constitution.-People v. Blenz, 148 N. E. 249. (D) Rules of Decision, Adjudications, Opinions, and Records. 102(1) (Ohio) Where less than six judges are of opinion that statute is unconstitutional, judgment of those not concurring controls.City of East Cleveland v. Board of Education of City School Dist. of East Cleveland, 148 N. E. 350. 107 (Ohio) Decision of Supreme Court becomes rule of law.-Powell v. Craig, 148 N. E. 607. 109 (Ohio) Syllabus of Supreme Court definitely states law with reference to facts on which it is predicated.-Baltimore & O. R. Co v. Baillie, 148 N. E. 233. IV. COURTS OF LIMITED OR INFERIOR JURISDICTION. Whether search warrants, issued under Prohibition Act, were properly sustained involves no constitutional question for Supreme Court. -Id. 219(9) (III.) Constitutional question held not involved authorizing direct appeal to Supreme Court on mandamus to compel board of commissioners to pay petitioner salary; "revenue."-People v. Cermak, 148 N. E. 382. 219(11) (III.) Right to office not a "franchise" authorizing a direct appeal to Supreme Court.-People v. Cermak, 148 N. E. 382. 219(23) (III.) Partition suit held to involve freehold estate.-Hardin v. Wolf, 148 N. E. 868. 220 (13) (Ind.) Appeal from order for sale of real estate, by administrator, held within Su159 (I.) Rules of courts of limited juris-preme Court's jurisdiction.-Brier v. Childers, diction applicable to any court exercising spe- 148 N. E. 474. cial statutory jurisdiction.-Keal v. Rhydderck, 148 N. E. 53. 187 (Ohio) Municipal court is court of record, and speaks through its journal.-Leonard v. Elgin, J. & E. Ry. Co., 148 N. E. 239. VI. COURTS OF APPELLATE TION. 220 (14) (Ind.) That $6,000 is in controversy no longer gives the Supreme Court jurisdiction of appeal from final judgment.-Security Trust Co. v. Jaqua, 148 N. E. 148. 240 (Ohio) Defendants not denied equal protection, where counterclaim heard on merJURISDIC-its.-Leonard v. Elgin, J. & E. Ry. Co., 148 N. (B) Courts of Particular States. 219(2) (III.) Appellate Court's certificate of importance held not void, as being insufficient. Kowalczyk v. Swift & Co., 148 N. E. 59. 219(6) (11.) State "interested" in suit only when it has direct and substantial interest in outcome.-People v. Mitchell, 148 N. E. 242. State without monetary interest in action on state treasurer's bond for alleged misinvestment of school fund.-Id. 219(7) (III.) Case must relate directly to revenue to give Supreme Court jurisdiction of direct appeal.-People v. Cermak, 148, N. E. 382. 219(8) (III.) Appellate Court has no jurisdiction to entertain appeal involving validity of statute raised under assignment of errors or cross-errors.-Kowalczyk v. Swift & Co., 148 N. E. 59. Appellate Court may not retain jurisdiction and affirm judgment on one ground, without reference to constitutional question involved in another ground urged by appellee in support of judgment.-Id. Mere assertion that constitutional question is involved is not sufficient to raise constitutional question.-Id. To raise constitutional question, latter must be at least debatable.-Id. Appellate Court had no jurisdiction to retain and decide case, record of which presented constitutional question, and its judgment was void. —Id. 219(8) (11.) Supreme Court will not entertain appeal or writ of error to raise constitutional question previously decided.-People v. Blenz, 148 N. E. 249. Supreme Court without jurisdiction on writ of error to conviction of misdemeanor violation of Prohibition Act.-Id. 219(8) (II.) Error to Appellate Court waives constitutional question.-People v. Garwood, 148 N. E. 259. E. 239. VII. UNITED STATES COURTS. (F) State Laws as Rules of Decision. 365 (Mass.) Decision of state court involving pleading and practice_accepted as final by federal court.-Pizer v. Hunt, 148 N. E. 801. VIII. CONCURRENT AND CONFLICTING JURISDICTION, AND COMITY. (A) Courts of Same State, and Transfer of Causes. 480(1) (III.) Suits for damages for trespasses, etc., litigated in suit to foreclose trust N. E. 882. deed, properly restrained.-Hirsh v. Arnold, 148 (B) State Courts and United States Courts. 489 (8) (Mass.) Relief for violation of Sherman Anti-Trust or Clayton Acts only in United States court.-Codman v. New York, N. H. & H. R. Co., 148 N. E. 467. 493(1) (Mass.) Court through whose process jurisdiction first attaches may continue case within jurisdiction of both federal and state court.-Shapiro v. Goldman, 148 N. E. 217. COVENANTS. III. PERFORMANCE OR BREACH. 100(3) (III.) Unpaid installments of special assessments held due and payable at time of execution of warranty deed.-Hagen v. Lehmann, 148 N. E. 57. CREDITORS' SUIT. ~8(4) (III.) Employé held to have right to have insurer's debt to employer applied to payment of judgment.-Kinnan v. Charles B. Hurst Co., 148 N. E. 12. 945 INDEX-DIGEST For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER CRIMINAL LAW. jeopardy after conviction for petty larceny for Extradition; 796. See Abortion; I. NATURE AND ELEMENTS OF CRIME 13 (Ind.) Statute declaring transportation of liquor unlawful held not ambiguous or uncertain.-Guetling v. State, 148 N. E. 146. 44 (N.Y.) Neither combination, incitement, nor preparation is enough to constitute "attempt to commit crime" completed without state making person liable to punishment in state.-People v. Werblow, 148 N. E. 786. Acts held not to constitute "attempt to commit" crime, unless they carry project forward within dangerous proximity to success.-Id.. Thief, employing confederate to go to foreign lands and there commit fraud, is not guilty of attempted crime; "attempt to commit crime."-Id. NOLLE PROSEQUI OR DIS- AND 273 (Ohio) Plea of guilty in capital case should be accepted only when defendant acts willingly, freely, and deliberately after advice.— State v. Ferranto, 148 N. E. 362. to permit defendant, 274 (III.) Refusal who had pleaded guilty and testified for state in reliance on implied promise of immunity, to v. Bogolowski, 148 N. E. 260. withdraw plea of guilty, held improper.-People 274 (Ohio) Granting permission to withwithin trial court's discretion.-State v. Ferdraw plea of not guilty and plead guilty is ranto, 148 N. E. 362. X. EVIDENCE. (A) Judicial Notice, Presumptions, and Burden of Proof. Statute putting end to distinction between principals and accessories before fact assimi-304 (20) lates relation to that of principal and agent, and does not make an inciter guilty of attempt. -Id. III. PARTIES TO OFFENSES. 59 (2) (N.Y.) Statute putting end to distinction between principals and accessories before fact assimilates relation to that of principal and agent.-People v. Werblow, 148 N. E. 786. IV. JURISDICTION. 90(1) (Ohio) Mayor of Gallipolis held without power to exercise criminal jurisdiction. State v. Davis, 148 N. E. 605. Charter of city of Gallipolis held insufficient to warrant exercise of judicial power by mayor thereof.-Id. (Ind.) Court did not have judicial knowledge that "beer" made from hops would develop 2.8 per cent. alcoholic content.-Shine v. State, 148 N. E. 411. (B) Facts in Issue and Relevant to Issues, and Res Gestæ. 338(1) (Mass.) Question as to why detective had not planned to trap defendant in comas immaterial.-Commonmission of offense other than that charged held properly excluded wealth v. Gettigan, 148 N. E. 113. Evidence concerning threat to burn witness' -Id. place held properly excluded as immaterial. (C) Other Offenses, and Character of Ac cused. 93 (Mass.) District court held without ju- 369(1) (III.) Evidence of one crime may risdiction of offense of abortion.-Commonwealth v. Nason, 148 N. E. 110. 97(2) (N.Y.) In larceny by false pretenses, place where crime is completed is place where money or other property was obtained by offender.-People v. Werblow, 148 N. E. 786. 97(1) (N.Y.) If constituent acts, which united are crime, are committed some in New York, and some in another state, courts of New York may punish for offense.-People v. Werblow, 148 N. E. 786. Crime is not committed "wholly or partly within state," unless act within state, if nothing more had followed, would amount to attempt.-Id. Part of crime has not been committed in state, unless by something therein stage of fulfillment has been reached, and that of promise left behind.-Id. Incitement from abroad will entail criminal responsibility within state, if crime is committed therein.-Id. Statute making act committed without state punishable within state held not to cover larceny in another state.-Id. Buying draft within state to open account in foreign country and to accredit accused held not part of obtaining money by false pretenses in_foreign country.-Id. Indictment for obtaining money by false pretenses held not to show act abroad affecting persons or property within state.-Id. VII. FORMER JEOPARDY. 200(1) (N.Y.) No "double jeopardy" in provision that up to particular point acts of accused constitute one crime and that his acts committed thereafter constitute second crime. -People v. Snyder, 148 N. E. 796. not be admitted to prove another, unless some connection between the two is shown.-People v. Richie, 148 N. E. 265. unconnected crimes incompetent.-People 369 (1) (I.) Proof of commission of othv. Goldman, 148 N. E. 873. er 369 (2) (Mass.) Evidence of extraneous offenses tending to establish commission of crime charged admissible.-Commonwealth v. Gettigan, 148 N. E. 113. of embezzlement 369 (5) (II.) Evidence from other estates held admissible, in view of confused condition of defendant's accounts.People v. Goldman, 148 N. E. 873. 371(1) (Mass.) Evidence of extraneous offenses admissible, where tending to show intent.-Commonwealth v. Corcoran, 148 N. E. 123. 372(1) (Mass.) Evidence of extraneous offenses admissible, where tending to show general scheme.-Commonwealth v. Corcoran, 148 N. E. 123. Evidence of extraneous offenses held admissible as showing general scheme.-Id. Evidence of prior offenses held admissible, though all of defendants had not participated therein.-Id. 374 (Mass.) Where defendant's prior conviction for embezzlement was established, exclusion of evidence tending to explain such conviction was not erroneous.-Commonwealth v. Gettigan, 148 N. E. 113. (D) Materiality and Competency in General. 382 (Mass.) Testimony by defendant that police officer had told him he thought he had located source of telephone call held properly excluded.-Commonwealth v. Gettigan, 148 N. telephone E. 113. to 200(3) (N.Y.) Conviction for burglary in third degree for breaking into chicken coop 386 (Mass.) Testimony with intent to steal chickens held not double conversation held properly excluded for want as 148 N.E.-60 of sufficient identification of person speaking. [655 (1) (III.) As much duty of court to see -Commonwealth v. Gettigan, 148 N. E. 113. 394 (Ind.) Defendant, objecting to introduction of evidence obtained by search under warrant, has burden of showing illegality of warrant.-Meno v. State, 148 N. E. 420. (E) Best and Secondary and Demonstra tive Evidence. that defendant receives fair trial as it is to see that people have fair trial.-People v. Black, 148 N. E. 281. (C) Reception of Evidence. 680(1) (Mass.) Order in which evidence is admitted rests in discretion of trial judge.Commonwealth v. Corcoran, 148 N. E. 123. to (E) Arguments and Conduct of Counsel. 713 (III.) State's attorney required treat defendant fairly, both in introduction of evidence and argument to jury.-People v. Black, 148 N. E. 281. 7201⁄2 (III.) Improper for prosecuting attorney to express opinion of defendant's_guilt, except as based on evidence.-People v. Black, 148 N. E. 281. 730 (9) (11.) Improper conduct and argument of prosecuting attorney held_to_require reversal.-People v. Black, 148 N. E. 281. 419, 420 (11) (Ind.) Conversation of wife in absence of husband, after his arrest, not competent evidence of his guilt.-Blum State, 730(12) (III.) Improper conduct and argu148 N. E. 193. (G) Acts and Declarations of Conspirators and Codefendants. 423(1) (Mass.) Acts and statements of persons engaged in common scheme to extort are admissible against each other.-Commonwealth v. Corcoran, 148 N. E. 123. ment of prosecuting attorney held to require reversal.-People v. Black, 148 N. E. 281. (F) Province of Court and Jury in General. 742 (2) (Ohio) Court should define accomplice and leave to jury question whether witnesses were accomplices.-Curtis v. State, 148 427(3) (Ohio) Evidence of conspiracy to N. E. 834. thwart justice, and evidence of official acts not763, 764 (8) (Mass.) Instruction to disreconstituting consummated similar crimes, if gard evidence of particular witness, if jury bein furtherance thereof, held competent.-Cur-lieved he was not present as claimed by defendtis v. State, 148 N. E. 834. ant, held properly denied.-Commonwealth v. Corcoran, 148 N. E. 123. (G) Necessity, Requisites, and Sufficiency of Instructions. (H) Documentary Evidence and Exclusion of Parol Evidence Thereby. 429(2) (Mass.) Records of district court in abortion charge held inadmissible.-Common-778 (4) (III.) Requested instruction on prewealth v. Nason, 148 N. E. 110. 440 (Mass.) Refusal of court to approve defendant's request to War Department to inspect war record of state witness held not error.-Commonwealth v. Gettigan, 148 N. E. 113. sumption of innocence held properly refused, as argumentative and obscure.-People v. Johnson, 148 N. E. 255. Requested instruction on presumption of innocence held properly refused, as argumentative.-Id. (J) Testimony of Accomplices and Code-780(1) (Ill.) Refusal to instruct accomplice fendants. testimony is subject to grave suspicion held 508 (1) (Ind.) Testimony of accomplice is competent.-Blum v. State, 148 N. E. 193. 508 (9) (III.) Accomplice testimony should N. E. 255. on with great caution.-People v. be acted Johnson, 148 N. E. 255. 508 (9) (Ind.) Testimony of accomplice is competent, and, if believed, will sustain a verdict.-Blum v. State, 148 N. E. 193. 510 (111.) Conviction may be had on uncorroborated accomplice testimony where defendant's guilt established beyond reasonable doubt. -People v. Johnson, 148 N. E. 255. (K) Confessions. on 519(5) (N.Y.) Accused's testimony cross-examination, as to having pleaded guilty to larceny, held admissible, as evidence of confession.-People v. Steinmetz, 148 N. E. 597. on reasonable 789 (18) (III.) Instruction that reasonable doubt as to any particular fact in case is not sufficient to justify acquittal held erroneous.People v. Johnson, 148 N. E. 255. 809 (Ind.) Charge to consider only one count of affidavit held not erroneous as misleading jury into believing it was evidence of facts averred.-Berry v. State, 148 N. E. 143. 811(2) (Mass.) Court need not charge on particular parts of evidence affecting defendant's conduct and statements.-Commonwealth v. Corcoran, 148 N. E. 123. 811(5) (Ohio) Refusal of special request, singling out witnesses and stating their testimony, held without error; charge on credibility being sufficient.-Curtis v. State, 148 N. E. 834. 528 (II.) Admission of codefendants' written statements in evidence over defendant's objection held erroneous.-People v. Stover, 148814(13) (III.) Requested instruction on presumption of innocence held properly refused, as without foundation.-People v. Johnson, 148 N. E. 255. (H) Requests for Instructions. 825 (1) (Ind.) Defendant, not requesting fuller instruction, cannot complain of incomplete charge.-Berry v. State, 148 N. E. 143. 829(1) (Mass.) Denial of requested instructions covered by others given not error.Commonwealth v. Corcoran, 148 N. E. 123. 829(4) (Mass.) Request that if, at time Woman came to defendants, fœtus was dead, defendants' removal thereof would not be of 947 INDEX-DIGEST and Reservation For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER in 830 (1.) Requested instruction held prop-1030 (2) (III.) Constitutional question not erly refused, as argumentative, though correct raised in trial court not considered.-People v. Blenz, 148 N. E. 249. in part.-People v. Johnson, 148 N. E. 255. (J) Custody, Conduct, and Deliberations of Jury. 858(3) (Ind.) Jury may be permitted to take all counts of indictment or affidavit with them on retirement, though prosecutor elected to stand on parts only.-Berry v. State, 148 N. E. 143. (K) Verdict. sentence on 878(2) (III.) Judgment and general verdict under indictment in two counts proper, if evidence supported either count.People v. Goldman, 148 N. E. 873. 878(2) (Ind.) General verdict of guilty construed as being on offense proved, where only one was proved.-Meno v. State, 148 N. E. 420. XIII. MOTIONS FOR NEW TRIAL AND IN 1044 (III.) Defects not raised by written motion to quash not considered.-People v. Vannier, 148 N. E. 303. 1048 (N.Y.) Review of Court of Appeals is limited to questions raised by proper exception. People v. Steinmetz, 148 N. E. 597. (D) Record and Proceedings Not in Rec- 1090(8) (III.) Errors in admission and exclusion of evidence and weight of evidence cannot be reviewed in absence of bill of exceptions. -People v. Ditto, 148 N. E. 255. 1090 (8) (Ind.) Where evidence heard by court on motion to suppress testimony is not contained in bill of exceptions, no question as to correctness of court's ruling is presented.Guetling v. State, 148 N. E. 146. 1090(14) (Ill.) Errors in giving of instructions cannot be reviewed in absence of bill of exceptions.-People v. Ditto, 148 N. E. 255. 918(3) (Mass.) Denial of motion for new trial on ground that state had exercised more 1090 (19) (Ind.) Errors in trial not conperemptory challenges than it was entitled to, sidered, except as shown in record and bill of having knowledge that one defendant was to exceptions.-Blum v. State, 148 N. E. 193. plead guilty, held not error.-Commonwealth v. 1090 (19) (Ind.) Supreme Court cannot act Corcoran, 148 N. E. 123. 919(3) (Mass.) Denial of new trial ing himself for sentence cannot invoke law to correct errors in record.-Cherry v. Cherry, 148 N. E. 570. on unauthenticated reporter's copy of evidence. on-Shoemaker v. State, 148 N. E. 403. ground of prejudice of defendants' rights from 110(!) (Mass.) Defendant not presentstatements in another case, overheard by jury, held not error.-Commonwealth v. Corcoran, 148 N. E. 123. trial on 925 (5) (Mass.) Denial of new ground of intimidation of jurors held not error. -Commonwealth v. Corcoran, 148 N. E. 123. 938(1) (Mass.) Motion for new trial on ground of newly discovered evidence is addressed to sound judicial discretion of presiding judge.-Commonwealth v. Gettigan, 148 N. E. 113. 957(1) (Ind.) Juror not permitted to impeach verdict in support of motion for new trial. -Meno v. State, 148 N. E. 420. 1120(1) (Ind.) Whether prejudicial error was committed in admitting and excluding testimony certified not considered, where all evidence was not brought up.-Shoemaker v. State, 148 N. E. 403. 1124(1) (Mass.) Denial of motion for new trial on particular ground held not reversible, in absence of showing of facts on which defendants relied.-Commonwealth v. Corcoran, 148 N. E. 123. (G) Review. XIV. JUDGMENT, SENTENCE, AND FINAL 134(1) (III.) Object of review of judgments of trial courts stated.-People v. Stover, 148 N. E. 67. COMMITMENT. 980 (2) (Ohio) Trial court's finding of accused guilty of first degree without extension of mercy held not abuse of discretion.-State v. Ferranto, 148 N. E. 362. presume, in absence of evidence to contrary, 1144(4) (N.Y.) Court of Appeals must compliance with statutes pertaining to taking of defendant's plea of guilty.-People v. Stein 1001 (111.) Determination of trial court on question of probation is matter of discretion.-metz, 148 N. E. 597. People v. Stover, 148 N. E. 67. 1144(13) (Ind.) Rule in determining whether evidence is sufficient to sustain conviction stated.-Shine v. State, 148 N. E. 411. (Ind.) Instructions presumed v. State, 148 N. E. 193. proper in absence of contrary showing.-Blum 1001 (Ind.) Suspension of judgment or sentence and parole does not suspend opera-1144(14) tion of final judgment beyond term of imprisonment fixed, thereby.-Rode v. Baird, 148 N. E. 406. Purpose of statute authorizing court to suspend sentence and parole persons convicted. stated.-Id. One out on parole is under supervision of officer or some discreet person in counties having no probation officer or clerk.-Id. One complying with terms of parole fixed by court on conviction of misdemeanor not required to submit to latter's observation beyond term of imprisonment fixed by judgment.-Id. Revocation of order suspending sentence or granting parole without notice after term of imprisonment fixed by judgment not authorized by statute.-Id. XV. APPEAL AND ERROR, AND (A) Form of Remedy, Jurisdiction, and Right of Review. error lies in 1023(2) (Mass.) Writ of criminal case only after final judgment.-Cherry v. Cherry, 148 N. E. 570. Sentence temporarily suspended or delayed is not "final judgment."-Id. 1147 (III.) Determination of trial court on Stover, 148 N. E. 67. question of probation not reviewed.-People v. 1149 (Ohio) Court's action in permitting withdrawal of plea of not guilty and accepting plea of guilty not reversed unless discretion abused.-State v. Ferranto, 148 N. E. 362. |