« ForrigeFortsett »
IV. COURTS OF LIMITED OR INFERIOR
JURISDICTION VII. ON APPEAL OR ERROR, AND ON NEW TRIAL OR MOTION THEREFOR. ww190 (V2) (Ohio) Act held not to exclude ju
260(4) (Mass.) Double costs awarded risdiction of court of common pleas of Hamilagainst exceptant, where record presented no ton county over proceedings in error from question of law.-Sanger v. Milbury, 146 N. E. judgments of municipal court of Cincinnati.15.
Hess y. Devou, 146 N. E. 311.
Om 190(!) (Ohio) Act held to be general law COUNTIES.
and to define general jurisdiction of courts of II. GOVERNMENT AND OFFICERS.
common pleas to review judgments of other
courts including municipal courts.-Hess v. (B) County Seat.
Devou, 146 N. E. 311. Om35(1), (Ind.) Appeal from action of board om 190(8) (Mass.) Action of appellate diviof commissioners in ordering or refusing to sion of municipal court in reversing, on facts order election not proper remedy.-Gannon v. judgment for plaintiff, and ordering judgment State, 146 N. E. 329.
for defendant, unwarranted.-Newman v. Hill, Appeal from determination of board of com 146 N. E. 46. missioners as to validity of election held prop-om 190(9) (Mass.) Action of appellate divier remedy.-Id.
sion of municipal court in reversing, on facts
judgment for plaintiff, and ordering judgment (C) County Board.
for defendant, unwarranted and on report 58 (Ind.App.) Appeal from commissioners judgment entered for plaintiff.-Newman v. dismissed' where they had no jurisdiction.-Hill, 146 N. E. 46. Pulse y. Board of Com’rs of Decatur County, 146 N. E. 335.
V. COURTS OF PROBATE JURISDICTION. IV. FISCAL MANAGEMENT, PUBLIC DEBT, C202(5) (Mass.) Appeal from probate on SECURITIES, AND TAXATION.
statement of counsel as to expected evidence Em 191 (III.) Levy of county tax void as not reviewed as appeal from decree with full rein conformance with statute.-People v. Cin- port.-Beale v. Davis, 146 N. E. 354. cinnati, I. & W. R. Co., 146 N. E. 440.
VI. COURTS OF APPELLATE JURISDICV. CLAIMS AGAINST COUNTY.
TION. Om 207(1) (Ind. App.) Acceptance
(B) Courts of Particular States. ment, of part of claim allowed by commissioners, waiver of right to litigate in regard to ww219(1). (III.) Jurisdiction of appeal from balance.-Pulse v. Board of Com’rs of Deca- order denying motion to dissolve temporary intur County, 146 N. E, 335.
junction is in Appellate Court, and not SuCommissioners have no jurisdiction of bal- preme Court.-Murray v. Hagmann, 146 N. E. ance of claim after acceptance of payment of 472 part allowed.-Id.
219(3) (III.) Jurisdiction of appeals and
writs of error in classes of cases which go diCOURTS.
rect to the Supreme Court cannot be exercised See Contempt; Criminal Law, Em 99-101; by Appellate Courts.-Murray v. Hagmann, 146 Judges; Prohibition.
N. E. 472.
Ow219(8) (III.) Judgment dismissing action I. NATURE, EXTENT, AND EXERCISE OF for conspiracy held not appealable to Supreme JURISDICTION IN GENERAL.
Court as involving constitutional question.-w 12 (2) (Mass.) Nonresident not appearing Cahill y Plumbers',, Gas and Steam Fitters' generally, and having no property in jurisdic- and Helpers' Local 93, 146 N. E. 130. tion, cannot be held to answer.-Pond v. Simp-On 219(8) (III.) Failure to raise in trial court son, 146 N. E. 684.
alleged invalidity of statute held to deprive SuOm 36 (111.). County court adjudicating ques- preme Court of jurisdiction to review convictions of which it has general jurisdiction enti- tion of misdemeanor.–People v. Maffei, 146 N. tled to as favorable intendments as courts of E. 131. general jurisdiction.-Hoit v. Snodgrass, 146 N. Cm 219(17) (III.) Supreme Court has no apE. 562.
pellate jurisdiction in suit to set aside fraudu
lent conveyance and to subject land to judg. II. ESTABLISHMENT, ORGANIZATION, AND ment.-Coutre v. Ermel, 146 N. E. 501. PROCEDURE IN GENERAL.
C219(23) (III.) Appeal from partition suit (A) Creation and Constitution, and court directly taken to Supreme Court, only where Otlicers.
freehold involved.-Hasterlik v. Hasterlik, 146
N. E. 498. Om 57(2) (Ind. App.) Reporter's duties and compensation throughout service governed by
Appeal from partition suit involving freehold statute under which appointed and amendments properly transferred to Supreme Court.-Id. thereof.-Etzold v. Board of Com'rs of Hunt- ww220 (7) (Ind.App.) Constitutionality of ington County, 146 N. E. 842.
Compensation Act will not be considered by Statutory requirement that court reporter's Appellate Court.-Franklin Tp. v. Litch, 146 compensation be "certified, audited, and paid," N. E. 845.. held to involve judicial discretion to allow or to ww240 (Ohio) Action to foreclose lien held reject.-Id.
appealable as chancery proceeding.-Hummer Court reporter, accepting judge's allowances, v. Parsons, 146 N. E. 62. held not entitled to claiin additional compensa-em240 (Ohio) Settlement of executor's action.-Id.
count is not chancery case.-In re Gurnea's Es.
tate, 146 N. E. 308. (C) Rules of Court and Conduct of Busi Appeal from order settling executor's ac
count not chancery case; judgment of common Cmw 80(1) (Mass.) Court rule as to motion for pleas thereon not appealable to Court of Apdirected 'verdict held proper, and within power peals.-Id. of court to adopt.-Carp v. Kaplan, 146 N. Can 240 (Ohio) Suit, under statute, to recover E. 779,
back taxes illegally collected, is "action at law" Can82 (Mass.) Individual judges have no pow. within Constitution, and is not appealable to er to dispense with rules adopted for conduct Court of Appeals; "chancery case.”—McBride of courts.-Carp v. Kaplan, 146 N. E. 779. v. University Club, 146 N. E. 804.
For cases lo Dec.Dig. & Am.Dig. Key-No.Series & Indexes gee same topic and KEY-NUMBER
liquor are separately punishable.-Common
wealth v. Lewandowski, 146 N. E. 780. II. CONSTRUCTION AND OPERATION. (C) Covenants as to Use of Real Property.
VIII. PRELIMINARY COMPLAINT, AFFI
DAVIT, Om51 (2) (Mass.) Building restrictions_held
TION, COMMITMENT, AND SUM to apply to all land taken for parkway.--Ham
MARY TRIAL. len v. Sorkin, 146 N. E. 265.
C258(2) (III.) Judgment, entered on finding IV. ACTIONS FOR BREACH.
that accused was guilty in matter and form as
charged in information, held sufficient.-People 108(!) (Mass.) Excluding evidence as to v. Westerdahl, 146 N. É. 737. plaintiffs' good faith in enforcing covenants
Record, showing that court found accused held proper.-Hamlen v. Sorkin, 146 N. E. guilty, and sentenced him in accordance with 265.
statute, held sufficient.--Id. CREDITORS' SUIT.
IX. ARRAIGNMENT AND PLEAS, AND em 8(1) (Mass.) Makers of note not held as
NOLLE PROSEQUI OR DIStrustees when note not within jurisdiction.
CONTINUANCE. Pond v. Simpson, 146 N. E. 684.
On 261(1) (ind.) Verdict of guilty held conCRIMINAL LAW.
trary to law as being without issue upon which
it could be based, where there was no plea to See Bail, 43; Burglary; Embezzlement; charge.--Andrews v. State, 146 N. E. 817.
False Pretenses; Grand Jury; Homicide; Reading of indictment or affidavit to accused, Indictment and Information; Larceny; Per- or waiver thereof, does not dispense with nejury; Receiving Stolen Goods; Robbery. cessity of plea by accused.-Id.
Own 264 (Ind.) What “arraignment” consists of I. NATURE AND ELEMENTS OF CRIME
stated.--Andrews v. State, 146 N. E. 817. AND DEFENSES IN GENERAL.
Arraignment not complete without accused's em 13 (Ind.) Statute prohibiting heavy haul- plea, entered either voluntarily or by court. ing on gravel roads in wet weather held, not 268 (Ind.) Plea forms issue to be tried, void for uncertainty.-Hunt v. State, 146 N. without which nothing is before court or jury E. 329.
for trial.--Andrews v. State, 146 N. E. 817. w 13 (Ind.) Act making transportation of liquor in automobile offense held not void as not entry; plea, if written, becomes part of record.
Accused's oral plea must appear by record designating place of imprisonment of offender -Id. under 30 years of age.--Simpson v. State, 146 m269 (Ind.) Accused may plead to charges N. E. 747. 29 (III.) Where theft is single transaction, drews v. State, 146 N. E. 317.
against him, either orally or in writing.-Anconviction cannot be had for both larceny and w273 (111.) Plea of guilty admits only facts receiving stolen goods.--People v. Miller, 146 well alleged.-People v. Wallace, 146 N. E. 486. N. E. 501. am 31 (III.) "Alibi" defined.-People v. Schlad- charges no offense, accused may question infor
After plea of guilty to indictment which weiler, 146 N. E. 525.
mation by motion in atrest of judgment or on
writ of error.-Id. III. PARTIES TO OFFENSES.
274 (Ind.) Refusal to allow withdrawal of 59(5) (Ind.) Person aiding in commission plea of guilty not abuse of discretion.-Blackof felony is subject to prosecution and convic- burn v. State, 146 N. E. 398. tion same as principal.-Simpson v. State, 146 N. E. 747.
(A) Judicial Notice, Presumptions, and Om99 (III.) Jurisdiction not conferred by con
Burden of Proof. sent.-People v. Wallace, 146 N. E. 486.
On 304(1) (111.) Court cannot take judicial 100(3) (Mass.) Municipal court had discre- notice of character of one notorious in world tion to bind defendants over to superior court, of crime.-People v. Krauser, 146 N. E. 593. notwithstanding the court's jurisdiction to try on 327 (Ind.) Commission of act constituting offenses charged.-Klous v. Bolster, 146 N. E. offense, and its commission by person charged, 783.
must be proved to sustain criminal charge. – Municipal court held authorized to dismiss Henry v. State, 146 N. E. 822. complaints, where indictments charging same Om331 (III.) Instruction imposing burden of crimes were returned to superior court.--Id. proving insanity on accused held erroneous.--Om 101 (2) (N.Y.) Supreme Court held to have People v. Krauser, 146 N. E. 593. jurisdiction to remove indictment from county Burden of proving sanity of accused is alcourt without notice to defendant.-People v.
ways on state.--Id. Farini, 146 N. 645.
(B) Facts in Issue and Relevant VII. FORMER JEOPARDY.
sues, and Res Gestä. 163 (III.) Punishment for contempt not bar Cw338(1) (N.Y.) Evidence as to alleged imto prosecution for samne act_if criminal offense. moral performances after indictment compe--State v. Froelich, 146 N. E. 733.
tent, where same as those covered by indictem 163 (Ind. App.) Accused's motion in bas- ment.--People v. Weinberger, 146 N. E. 434. tardy case to dismiss, and to vacate and set ww351 (2) (Mass.) Intentionally false stateaside judgment, held properly overruled. -- Mor- ments at time of arrest taken as adınissions.gan v. State, 116 N. E. 761.
Commonwealth v. Spezzaro, 146 N. E. 3. Om 196 (Ohio) When conviction or acquittal 354 (II.) Evidence of accused's alleged in
one indictment is not bar to subsequent voluntary statement in police station, held adprosecution stated; acquittal under statute re missible on defense of insanity.-People v. quiring proof of certain fact pot bar to pros- Krauser, 146 N. E. 593. ecution under statute not requiring proof of C361(3) (Mass.) Evidence negativing effect such fact.-Duvall v. State, 146 N. E. 90. of defendant's evidence of imprisonment as ww200(1) (Ohio) Acquittal of murder while excuse for not procuring witness rightly reattempting to rob held not bar to prosecution ceived.—Commonwealth v. Baldi, 146 N. Ė, 11. for robbery.-Duvall v. State, 146 N. E. 90. ww363 (III.) Testimony that bullet, after Cw202 (3) (Mass.) Offenses of exposing and passing through officer's body, struck boy, held keeping for sale and of keeping and maintain- nart of res geste.--People v. Dabney, 146 N. ing tenement for purpose of sale of intoxicating E. 166.
(C) Other offenses, and Character of Ac mw 522(1) (N.Y.) Confession induced by fear, cused.
caused by express or implied threat, inadmis371 (4) (111.) Proof of threats competent, sible.- People v. Pantano, 146 N. E. 646. potwithstanding it tends to prove another of- Cw528 (11.) Admission of defendants' confesfense.-People v. Dabney, 146 N. E. 166. sions against each other held erroneous.-Peo
ple v. Rupert, 146 N. E. 456. (D) Materiality and Competency in Gen
Admission of witnesses' testimony held erroeral.
neous as admission of one defendant's state383 (Mass.) Question to prosecuting wit- ment against the other.-Id. ness in robbery, as to whether he saw any.538 (3) (N.Y.) Voluntary admission of givthing indicating that defendant knew men that ing information on promise of reward conclurobbed him, rightly excluded.—Commonwealth sively establishes guilt of murder committed v. Baldi, 146 N. E. 11.
in acting thereon.-People v. Pantano, 146 N. 393(2) (III.) Evidence of facts disclosed | E. 646. at physical examination, held not to vitiate accused's constitutional privilege of not giving (L) Evidence at Preliminary Examination evidence against himself.-People v. Krauser,
or at Former Trial. 146 N. E. 593.
m547 (2) (Mass.) Admitting testimony of Om 394 (Ind.) Accused could not complain of medical examiner at former trial in district defects in warrant to search house of another court held without error.-Commonwealth v. and suppression of evidence obtained under Caruso, 146 N. E. 664. search properly denied.-Snedegar v. State, 146 N. E. 849.
(M) Weight and Suficiency. (E) Best and Secondary and Demonstra-w552(3), (Ind.) To sustain conviction cirtive Evidence.
cumstantial evidence must be conclusive, and Cum 400(4) (N.Y.) Compared transcript of al- innocence. Henry Y. State, 146 N. E. 822.
must exclude every reasonable hypothesis of leged immoral drama admissible in prosecution Cw561(1) (III.) Proof beyond reasonable doubt for production thereof.–People v. Weinberger, required, however bad the character of accused 146 N. E. 434. Record of past recollection admissible with may be:-People v. Miller, 146 N. E. 501.
m570(2) (ill.) Not necessary to prove inout exhausting present recollection.-Id.
sanity clearly or by preponderance of evidence. (F) Admissions, Declarations, and Hear--People v. Krauser, 146 N. E. 593.
Om 572 (111.) Rule as to sufficiency of evidence 407 (1) (III.) Witness' statements made in
to prove an alibi stated.-People v. Schladweil
er, 146 N. E. 525. defendants' presence and not denied by them
Evidence as to alibi insufficient, if it does not held admissible.-People v. O'Donnell, 146 N. E. 490.
cover sufficient time to render presence of de
fendant impossible or highly improbable.-Id. 412(2) (Mass.) Defendant's statements at time of arrest rightly admitted.—Common-ing indecent liberties with child as against
Evidence held to sustain conviction for takwealth v. Festo, 146 N. E. 700.
plea of alibi.--Id. Om413(1) (Mass.) Self-serving declaration of defendant, in conversation day following rob- XI. TIME OF TRIAL AND CONTINUANCE. bery, rightly excluded.-Commonwealth v. Baldi, 146 N. E. 11.
593 (Mass.) Denial of continuance because
counsel was actually engaged in another crimi(H) Documentary Evidence and Exclusion nal trial held without error. -Commonwealth v. of Parol Evidence Thereby.
Festo, 146 N. E. 700. On429(2) (Mass.) Reading plaintiff's testi
Other conflicting engagements of counsel af. mony taken stenographically in civil action ford no right to continuance of particular case.
-Id. competent to show issues.-Commonwealth v. Aronson, 146 N. E. 14.
Om615 (Mass.) Defendant may waive formal
entry of continuance, and consent that case (I) Opinion Evidence.
remain in court.-Petition of Finer, 146 N.
E. 23. Omw 450 (Mass.) Evidence calling for witness'
XII. TRIAL. opinion rightly refused.-Commonwealth Levenson. 146 N. E. 5.
(A) Preliminary Proceedings. cm 450 (N.Y.) Opinion evidence held properly em 622(1) (11.) Court must exercise sound excluded.-People v. Weinberger, 146 N. E. discretion in overruling motion for separate 434.
trial of defendant jcintly indicted with anOm470 (III.) Permitting expert to testify that other.-People v. Rupert, 146 N. E. 456. accused was feigning insanity was without er. Om622(2) (III.) Failure to grant separate ror.-People v. Krauser, 146 N. E. 593.
trial to defendants jointly indicted 'held revers472 (Mass.) Testimony of witness as to ible error, where only incriminating evidence hourly quantity of gas passing through burner was statement of one against the other.-Peoheld competent in murder case.-Commonwealth ple v. Rupert, 146 N. E. 456. v. Caruso, 146 N. E. 664.
Om622(2) (Mass.) Motion to require comem 475 (Mass.) Physician's evidence as to vic- monwealth to elect indictment under which it tim's position at time of shooting properly ad- would proceed rightly_overruled.-Commonmitted.--Commonwealth v. Festo, 146 N. E. wealth v. Baldi, 146 N. E. 11. 700
pw486 .(!!.) Permitting nonexpert witness to (B) Course and conduct of Trial in Gen. give opinion on question of insanity without
eral. requiring facts on which opinion was based, Omw 652 (III.) Accused held not entitled to test held erroneous.-People v. Krauser, 146 N. E. witnesses as to his identity by placing him 593,
among group of other men.-People v. Tyler, Rule of admission of nonexpert witnesses' 146 N. E. 740. opinions as to mental condition, stated.-Id. Statement of physicians as experts as to ac
(E) Arguments and Conduct of Counsel. cused's statements and conduct at hearing, be- 717 (III.) Permitting state's atte 'ney in fore plea of guilty was withdrawn, held prop- argument to read facts of reported case, held erly overruled.-Id.
erroneous and prejudicial.-People v. Krauser,
146 N. E, 593. (K) Confessions.
720(9) (Mass.) Inconsistencies between Cw516 (III.) “Confession" defined.-People v. witnesses' testimony and statements outside Rupert, 146 N. E. 456.
courtroom justified district attorney's comment
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
refused.-Commonwealth v. Vartanian, 146 N.
defendant's guilt of murder, which ignored deOm730(10) (Mass.) Instruction to disregard fense of insanity, held erroneous.-People v. assistant district attorney's inadvertent refer- Krauser, 146 N. E. 593. ence in argument to fact that accused had not Instruction referring to implied malice, which become witness in own defense held to protect ignored insanity defense, should not have been defendant's rights.-Commonwealth v. Festo, given.-Id. 146 N. E. 700.
Om822(1) (Ind.) Reversal not granted, unless
instructions considered as whole are errone(F) Province of Court and Jury in General.
ous.--Bowers v. State, 146 N. E. 818.
822(6) (Ind.) Charges considered together m736(2), (N.Y.) Whether confession was in- held to state all 'facts necessary to conviction. duced by fear caused by threat of electrocu
-Bowers v. State, 146 N. E. 818. tion held for jury. People v. Pantano, 146 Nm823(6) (III.) Instruction self-defense E, 646.
held not misleading in view of other instrucComo 747 (III.) Jury's function is to determine tions.-People v. St. Lucia, 146 N. E. 183. on which side of controversy real truth lies where testimony in conflict.-People v. O'Don
(H) Requests for Instructions. nell, 146 N. E. 490.
Cin825(1) (Ind.) Instruction not referring to Om766 (Mass.) Charge held not to leave to lesser Offense held not erroneous, in absence jury issue as to whether false testimony was of request.-Jeffries v. State, 146 N. E. 753. material to issue.-Commonwealth v. Aron
In absence of request for submission of adson, 146 N. E. 14.
ditional forms of verdict, complaint may not be
made.--Id. (G) Necessity, Requisites, and Sufficiency
Omw 825(2) (ind.) To be in position to com
plain of instruction as not sufficiently full, m773(4) (III.) Instruction on insanity held
party must tender instruction.-Bowers erroneous.-People v. Krauser, 146 N. E. 593. State, 146 N. E. 818. Ow775(3) (III.) Instruction as to alibi hcld ww825(4) (ind.) Instruction as to jury's duty not erroneous, being merely a definition there
to reconcile testimony, if possible, held not of, and not on probative value of proof there
erroneous, in absence of request for fuller inof.–People v. Schladweiler, 146 N. E. 525. struction.-Jeffries v. State, 146 N. E. 753. Cm777172 (Mass.) Judge pot required to di- Ow829(1) (III.) Refusal of instructions prerect jury's attention to indecisive facts.-Com- senting proper questions of law not erroneous monwealth v. Festo, 146 N. E. 700.
where covered by given instructions.-People v. 778(5) (III.) Instruction making posses- St. Lucia, 146 N. E. 183. sion prima facie evidence of possession for Cm829(1) (Ind.) Refusal to give requested inpurpose of sale held erroneous.-People v. structions as to matters sufficiently covered by Tate, 146 N. E. 487.
instructions given held not error.-Simpson v. Om780(1) (Ohio) When accomplice testimony State, 146 N. E. 747. corroborated, trial court may refuse to in- m834 (2) (Mass.) Judge not bound to give struct not to convict on accomplice's uncorrob- requested' instruction in exact words.-Comorated testimony.-State v. Reichert, 146 N. monwealth v. Caruso, 146 N. E. 664. E. 386. 781 (5) (N.Y.) Refusal to charge that jury (L) Waiver and Correction of Irregulari
ties and Errors. must disregard confession, if obtained under circumstances showing it involuntary, held re-e899 (III.) Defendants held not to have versible error.-People v. Pantano, 146 N. E. waived error in admission of confessions 646.
against each other by testifying.–People v.
em934 (Ind.) That verdict 'S contrary to Cm783(2) (Mass.) That impeaching witness- law held properly presented by motion for new es disclosed identification of defendant and his trial.- Andrews v. State, 146 N. E. 817. silence not error, and instruction fully protect-938(1) (III.) Applications for new trial on ed rights.--Commonwealth v. Festo, 146 N. E. ground of newly discovered evidence not fa700.
vored.-People v. Dabney, 146 N. E. 166. Ow785(3) (III.) Instruction that jury should Quality of newly discovered evidence to wardetermine credibility of witnesses as reason- rant new trial stated.-Id. able and intelligent men left them to act on Cm941(1) (III.) Denial of new trial on ground their own discretion.--People v. Krauser, 146 of newly discovered evidence, which was mereN. E. 593.
ly cumulative, held not error.–People v. DabOm785(12) (Mass.) Instruction on effect of ney, 146 N. E. 166. impeaching testimony fully protected rights Cm946 (Ind.) Cause for new trial deemed of defendant.-Commonwealth v. Festo, 146 N. waived or abandoned on failure to cite auE. 700.
thorities, or to present alleged error.-Henry Cm796 (III.) Refusal to instruct that unless v. State, 146 N. E. 822. jury were satisfied that punishment fixed by Cm951 (1) (Ind.) Motion for new trial propverdict
established beyond reasonable erly overruled, where reasons existed when doubt, then verdict was unauthorized, held motion in arrest filed.-Barker v. State, 146 proper:-People v. Krauser, 146 N. E. 593. N. E. 745. Om814(1) (III.) Instructions must be based on 958(1) (III.) Applicant for new trial on on and applicable to charge contained in in- ground of newly discovered evidence has burdictment.--People v. Tate, 146 N. E. 487. den of showing diligence and of_rebutting preOm 814(3) (Mass.) Instruction not resting on sumptions in favor of verdict.-People v. Dabevidence rightly refused.—Commonwealth v. ney, 146 N. E. 166. Levenson, 146 N. E. 5.
Cm969 (Mass.) Motion in arrest of judgment w814(5) (III.) Instruction held erroneous not allowable for cause existing before verdict, because not applicable to charge.-People v. except it affects jurisdiction.-Commonwealth Tate, 146 N. E. 487.
v. Lewandowski, 146 N. E. 780. Om814(5) (Mass.) Request that same degree 970(7) (III.) Insufficiency of information of judgment and presence of mind not required to charge offense may be availed of on motion
in arrest or writ of error.-People v. Wal-w1144(4) (Ind.) Overruling motion to withlace, 146 N. E. 486.
draw plea of guilty presumed proper, where ww970 (7) (Ind.) Motion in arrest of judg- facts do not show contrary.-Blackburn v. ment challenging sufficiency of indictment good State, 146 N. E. 398. in part held properly overruled.-Barker v. em 1 144 (15) (Mass.) Presumed that jury in State, 146 N. E. 745.
murder case followed instruction to disregard
evidence of conviction of witness for violation XIV. JUDGMENT, SENTENCE, AND FINAL of liquor law.-Commonwealth v. Caruso, 146 COMMITMENT.
N. E. 664. 1001 (Mass.) Probation must be for defi- 1144(15) (Mass.) Presumed that instrucnite period.-Petition of Finer, 146 N. E. 23.
tion on effect of impeaching testimony was Failure to state period of probation held followed.--Commonwealth v. Festo, 146°N. E.
700. not to entitle defendant to discharge.-Id.
Ows 1144(19) (Ind.) Appellate Court would
presume that signing of record by second speXV. APPEAL AND ERROR, AND CERTIORARI.
cial judge was in accordance with law.-Meland
v. State, 146 N. E. 746. (A) Form of Remedy, Jurisdiction, and on 1151 (Mass.) Motions for
continuance Right of Review.
commonly are for presiding judge alone.-Comem 1023(9) (Mass.) Criminal case may be re- monwealth v. Festo, 146 N. E. 700. ported, after verdict of guilty, before sentence; Om 1153(4) (Ind.) Extent of cross-examina
conviction."--Commonwealth v. Baldi, 146 N. tion permitted is within sound discretion of E. 11.
trial court, abuse of which is only ground for
reversal.-Henry v. State, 146 N. E. 822. (B) Presentation and Reservation in On i 158(1) (Ind.) Finding against former
Lower Court of Grounds of Review. jeopardy not disturbed on appeal on conflicting Omw 1030(2) (III.) Constitutional question to evidence --Hurst v. State, 146 N. E. 331.
drawn give Supreme Court jurisdiction on writ of len 1159(1) (Ind.) Inferences error must have been presented to trial court from evidence for trial court and jury, and not for decision.-People v. Greene, 146 N. E. for appellate court.-Dudley v. State, 146 n.
E. 398. 504. ww1032(5) (III.) Insufficiency of information Cw1159(1) (Ind.) When finding or verdict is
error of law reviewable and subject to corto charge offense may be availed of on motion in arrest or_writ of error.–People v. Wal- rection stated.--Henry v. State, 146 N. E. 822. lace, 146 N. E. 486.
ml 159(2) (III.) Conviction not set aside as cu 1064(4) (Ind.) Objections not made at tri- against evidence, unless verdict indicates pasal, or on motion for new trial, to admission of sion or prejudice.-People v. Dabney, 146 N. E. letter, not considered on appeal.-Wheat v. 1159(2) (III.) Appellate Court cannot subState, 146 N. E. 581.
stitute its opinion for that of jury.-People v. (D) Record and Proceedings Not in Rec: O'Donnell. 146 N. E. 490. ord.
Om 1159 (6) (Ind.) Absence of essential link in
chain of circumstantial evidence requires court el 086(14) (III.) Municipal court's judgment of last resort to hold evidence insufficient to of conviction of misdemeanor not reviewable sustain conviction.-Henry v. State, 146 N. E. by Supreme Court, where constitutional ques- 822. tion relied on not shown presented to lower Cuel 165(2) (III.) Judgment not reversed for court.--People v. Greene, 146 N. E. 504.
mere error of form.-People v. Westordahl, 116 w 1092(1) (Ohio) Statutory duties of party N. E. 737. as to bill of exceptions are mandatory and must en 1167 (3) (Ind.) Overruling of motion be performed in manner and time prescribed. quash affidavit in liquor prosecution held harm-Luff v. State, 146 N. E. S92.
less.-Barker v. State, 146 N. E. 745. 1092(7) (Ohio) Bill of exceptions avail. Em 1168(2) (Ohio) Admission of privileged able only when filed within time fixed by court, testimony after waiver held_not reversible erand not more than 30 days from overruling mo
ror.-Ruch v. State, 146 N. E. 67. tion for new trial.-Luff v. State. 146 N. E. 892. Cu 1169 (9) (III.) Evidence of asking accused
Where bill of exceptions not timely filed, and while in jail if he knew certain notorious charerrors charged could only be disclosed by bill, acter, held not prejudicial, court not taking judgment must be affirmed.-Id.
judicial notice of such character.-People v.
Krauser, 146 N. E. 593. (E) Assignment of Errors and Briefs.
Om I 1701/2 (6) (Mass.) Defendant, charged with 1130(2) (Ind.) Questions on motion for murder, not prejudiced by ruling on testimony new trial waived by failure to set out in brief as to conviction of his witness for violation of either motion or substance thereof.-Hatton v. liquor laws.-Commonwealth v. Caruso, 146 V. State, 146 N. E. 577.
E. 661. Brief held to present no question for review- ww1171(1). (III.) Argument of counsel as to ing alleged errors in instructions given, and in public sentiment held improper, though not rerefusing those requested.-Id.
versible error, in view of circumstances.-PeoOm 1130(6) (11.) Objection that information ple v. Dabney, 146 N. E. 166. charged no crime considered, though raised 1172(1) (ind.) Instruction not referring to for first time in reply brief.-People v. Wal- lesser offense held not erroneous, in absence lace, 146 N. E. 486.
of request, and harmless, if erroneous.- Jef
fries v. State, 146 N. E. 753. (F) Dismissal, Hearing, and Rehearing. Om 1172(2) (Ind.) Instruction pertaining to Cw1 132 (Ind.) Court may in its discretion drinking of liquor from bottle while riding in grant request for oral argument made after automobile, as item of evidence of transportatime allowed for filing briefs.—Dudley v. State, tion, held not reversible error.-Simpson v. 146 N. E. 398.
State, 146 N. E. 747.
ww1173(2) (N.Y.) Refusal to charge that (G) Review.
jury must disregard confession, if obtained 1134 (3) (Mass.) Request inapposite to rec under circumstances showing it involuntary, ord not determined.—Commonwealth v. Leven held reversible error.-People v. Pantano, 146 son, 146 N. E. 5.
N. E. 616. Cum 1141(2) (Ind.) Burden on appellant to w 1179 (N.Y.) Court of Appeals will not try present for review record affirmatively showing fact questions on appeal from Appellate Divicommission of error complained of.-Hatton v. sion in criminal case.-People v. Weinberger, State, 140 N. E, 577.
| 116 N. E. 434.