(C) Acquisition and Establishment. (D) Property Constituting Homestead. II. TRANSFER OR INCUMBRANCE. § 83. Though there can be no accomplices IV. ASSAULT WITH INTENT TO KILL. 552. § 90. A weapon may or may not be deadly, § 115. Statement of conditions on which the § 118. Under Act March 18, 1887 (Laws § 118. Where a purchaser of part of a home- III. RIGHTS OF SURVIVING HUS- § 136. In view of Ky. St. § 1707 (Russell's IV. ABANDONMENT, WAIVER, OR FORFEITURE. § 154. Mere intention to sell a homestead § 169. A wife cannot be deprived of her $177. Declarations of the owners of a home- V. PROTECTION AND ENFORCE- § 217. Under Rev. St. 1895, art. 214, a find- HOMICIDE. See Witnesses, §§ 268, 277. II. MURDER. § 17. Facts stated held to constitute murder III. MANSLAUGHTER. $45. The provocation to reduce a killing to V. EXCUSABLE OR JUSTIFIABLE 112. If a defendant in a prosecution for § 117. Where deceased made an unlawful VII. EVIDENCE. (B) Admissibility in General. § 158. The state on a trial for murder of a § 160. The state held authorized to prove the § 163. In a prosecution for homicide, held, 130. § 178. Evidence that another confessed to § 188. The accused cannot show specific acts $ 189. Evidence of previous difficulty held $ 190. Defendant having introduced evi- (E) Weight and Sufficiency. § 234. Mere presence of accused at the time $237. Evidence held to justify a finding that § 254. Evidence held to support a conviction $257. Evidence in a prosecution for assault $ 300. Instructions on self-defense held misleading. Chaplin v. Commonwealth (Ky.) 298. § 300. A charge on self-defense held proper. -Lee v. Commonwealth (Ky.) 315. § 300. Evidence held to justify an instruction on threats, as affecting the law of self-defense.-Young v. State (Tex. Cr. App.) 127. § 300. Instruction on self-defense held to cover every contingency raised by defendant's evidence.-Tabor v. State (Tex. Cr. App.) 142. § 300. In a prosecution for homicide, defendant held not entitled to claim that his theory that the killing was in self-defense was not sufficiently presented.-Edwards v. State (Tex. Cr. App.) 540. § 300. In a prosecution for homicide, certain instructions held to have properly presented the law of threats.-Edwards v. State (Tex. Cr. App.) 540. $300. In a prosecution for homicide, held, error to refuse defendant's instruction in prosecution for homicide that, where a deadly weapon is used, the law will presume that death or serious bodily injury would be presumed.-Best v. State (Tex. Cr. App.) 581. $ 300. In a prosecution for homicide, held under the evidence, that it was error to refuse an instruction requested by defendant on right to shoot, as long as danger appeared to him.Best v. State (Tex. Cr. App.) 581. § 301. In a prosecution for homicide, failure to charge the jury upon certain issues held to be error.-Pace v. State (Tex. Cr. App.) 379. $308. Instructions held erroneous.-Blocker v. State (Tex. Cr. App.) 130. § 308. In a prosecution for homicide, certain instructions held to properly define murder in the second degree.-Edwards v. State (Tex. Cr. App.) 540. § 309. A charge on homicide held erroneous, as ignoring part of the evidence.-Blocker v. State (Tex. Cr. App.) 130. § 310. In a prosecution for assault, certain instruction in regard to the use of a deadly weapon held erroneous.-Smith v. State (Tex. Cr. App.) 152. $310. The court's charge, in a prosecution for assault with intent to kill, need not define "assault."-Williams v. State (Tex. Cr. App.) 552. X. APPEAL AND ERROR. $340. The error, if any, in an instruction held favorable to accused.-State v. Sharp (Mo.) 488. § 340. An instruction held not prejudicial to accused.-State v. Sharp (Mo.) 488. § 340. One convicted of manslaughter held not entitled to complain of an instruction which requires a finding of provocation of the difficulty with intent to kill or do serious bodily injury. Gray v. State (Tex. Cr. App.) 1179. § 349. An instruction on self-defense held not erroneous.-Gray v. State (Tex. Cr. App.) 1179. ter on evidence showing murder, though previ- HOSPITALS. See Charities; Master and Servant, § 92. § 7. Hospitals treating patients for hire are generally liable for the negligence or malprac tice of their physicians.-Arkansas Midland R. Co. v. Pearson (Ark.) 917. HUMANITARIAN DOCTRINE. HUSBAND AND WIFE. See Acknowledgment, §§ 25, 59; Adverse Possession, §§ 43, 50; Appeal and Error, § 1056; Assault and Battery, §§ 83, 86, 95; Attorney and Client, § 167; Death,. §§ 88, 89; Divorce; Dower; Evidence, §§ 83, 288; Homestead. §§ 29, 169; Insurance, § 783; Life Estates; Marriage; Trial, § 194; Witnesses, §§ 159, 191, 195. 332. A conviction held conclusive on ap- § 102. A husband is liable for a slander atpeal.-Warren v. Commonwealth (Ky.) 409. tered by his wife.-Townsley v. Yentsch (Ark.) § 340. Omission of a part of a directed in-882. struction on self-defense held not prejudicial error.-Gambrel v. Commonwealth (Ky.) 404. § 340. Instructions on self-defense held harmless error.-Warren v. Commonwealth (Ky.) 409. § 340. One convicted of murder in the second degree may not complain of errors in instructions on murder in the first degree.-State v. Sharp (Mo.) 488. § 340. An instruction on manslaughter in the fourth degree held not prejudicial to accused.-State v. Sharp (Mo.) 488. V. WIFE'S SEPARATE ESTATE. (A) What Constitutes. § 113. Kirby's Dig. § 5213, abolishes the common-law rights of the husband in the wife's lands.-McGuire v. Cook (Ark.) 840. (C) Liabilities and Charges. 171. Under Kirby's Dig. § 5213, a married woman may mortgage her separate estate to secure her husband's debt.-Johnson v. Graham Bros. Co. (Ark.) 853. INDEX-DIGEST Initiative and Referendum V. REQUISITES AND SUFFICIENCY OF ACCUSATION. § 60. An indictment or information must charge every essential fact constituting the offense.-State v. Timeus (Mo.) 26. § 99. The second count of an indictment held to charge defendants named in the first count with the offense charged in the second count.Chapple v. State (Tenn.) 321. charge a violation of Rev. St. 1909, §§.8311§ 111. An information held to sufficiently 8319, without negativing the exception in section 8319.-State v. Smith (Mo.) 465. § 111. An information in a prosecution for practicing medicine without a license held fatally defective for failing to negative the exHellscher (Mo. App.) 959. ception in Rev. St. 1909, § 8315.-State v. VI. JOINDER OF PARTIES, OFFENSES, § 129. Counts for larceny and for receiving stolen goods may be joined in the same indictment.-Chapple v. State (Tenn.) 321. VII. MOTION TO QUASH OR DISMISS, $149. A demurrer to an information for a misdemeanor cannot be filed after a plea of not guilty, without withdrawing the plea.-State v. Brisco (Mo.) 58. VIII. AMENDMENT. § 161. A valid information and complaint, filed by one person, alleging an offense on a certain day, could not aid a defective information and complaint filed by another against the same defendant, alleging an offense on a different date.-Treadaway v. State (Tex. Cr. App.) 147. IX. ISSUES, PROOF, AND VARIANCE. X. CONVICTION OF OFFENSE IN- § 189. Under Shannon's Code, §§ 6535, 6536, larceny may be convicted of larceny.-Chapple 6539, 6540, one indicted for burglary and for V. State (Tenn.) 321. INDORSEMENT. See Bills and Notes, §§ 226-370. INFANTS. See Death, § 42; Guardian and Ward; Partition, § 107; Public Lands, § 173; Railroads, 88 400, 401; Witnesses, § 40. VII. ACTIONS. 878. Under Kirby's Dig. § 6023, held, that a judgment could not be rendered against the interest of a minor beneficiary, where no guardian ad litem was appointed.-Williamson v. Grider (Ark.) 361. nority to avoid a contract on which suit is bas- INITIATIVE AND REFERENDUM. See Constitutional Law, § 65. § 61. Strangers and persons who are merely privies in an estate of an insane grantor may not avoid the deed.-Vogel v. Zuercher (Tex. Civ. App.) 737. § 61. A lessee may not avoid payment of rent to a grantee of the lessor, accruing subsequent to the conveyance, by showing that the lessor at the time of the conveyance was insane.-Vogel v. Zuercher (Tex. Civ. App.) 737. § 71. The prior agreement of the guardian for sale of an insane person's land held not such as to require the sale under order of court to be set aside.-Comstock v. Lomax (Tex. Civ. App.) 185. § 71. A guardian's sale of an insane person's lands under order of court will not be set aside because made on a smaller cash payment than provided by statute, where the estate was not harmed.-Comstock v. Lomax (Tex. Civ. App.) 185. 871. Evidence on certiorari to avoid a guardian's sale of land of an insane person under order of court held not sufficient to raise the issue of a sale at a grossly inadequate price.Comstock v. Lomax (Tex. Civ. App.) 185. VIII. CRIMES. $ 84. One insane at the time of trial in a criminal case cannot be tried.-Jordan v. State (Tenn.) 327. § 84. A defendant cannot evade trial upon the ground of present insanity, unless his insanity is such that he cannot conduct his defense rationally.-Jordan. v. State (Tenn.) 327. INSOLVENCY. See Bankruptcy; Banks and Banking. §§ 49, 77; Bills and Notes, § 518; Corporations. § 553; Interest; Sales, § 100. III. ASSIGNMENT, ADMINISTRATION, AND DISTRIBUTION OF INSOLVENT'S ESTATE. (C) Preferences and Transfers by Insolvent, and Attachments and Other Liens. § 61. Where the amount due from a bank on the deposit of a borrower was more than on the depositor is entitled to the difference, and such note at the time a receiver was appointed, the allowance is not a preference within the meaning of the insolvency act (Kirby's Dig. § 951). -Steelman v. Atchley (Ark.) 902. INSTRUCTIONS. See Appeal and Error, §§ 1064-1068; Burglary, § 46; Carriers, § 321; Criminal Law, §§ 736829, 1172, 1186; Homicide, §§ 292-310, 340; Insurance, § 669; Trial, §§ 191-296. INSURANCE. See Contracts, §§ 127, 138, 141; Courts. § 121; Deposits in Court; Evidence, $$ 461, 571; Principal and Surety, § 145; Trial, §§ 11, 25; Witnesses, § 159. I. CONTROL AND REGULATION IN GENERAL. § 7. Under Laws 1895, c. 160, § 2, and Laws 1899, c. 31, a guaranty insurance company held 541, § 6, notwithstanding Laws 1875, c. 142, an insurance company within Laws 1907, c. and Laws 1895, cc. 113, 175.-American Surety Co. of New York v. Folk (Tenn.) 778. of an insurance policy countersigned by a solicit§ 24. In view of the statute, the assignment ing agent held to bind the insurer.-Sheets v. Iowa State Ins. Co. (Mo. App.) 80. III. INSURANCE AGENTS AND BROKERS. (A) Agency for Insurer. $95. Notice to an agent of a fire insurance company held notice to it.-Mecca Fire Ins. Co. v. Smith (Tex. Civ. App.) 688. IV. INSURABLE INTEREST. § 116. The relationship of uncle and nephew held not to constitute insurable interest.-McRae v. Warmack (Ark.) 807. § 122. A policy assigned to a person having no insurable interest in the life of insured held invalid.-McRae v. Warmack (Ark.) 807. § 71. Statement of inadequacy of price necessary for disturbance of a guardian's sale of an § 122. A contract for the assignment of life insane person's land under order of court.-insurance policies held invalid.-McRae v. WarComstock v. Lomax (Tex. Civ. App.) 185. mack (Ark.) 807. INDEX-DIGEST Insurance § 122. A life insurance policy may be as- time.-Dorroh-Kelly Mercantile Co. v. Orient signed, provided it is not done to cover a wager Ins. Co. (Tex.) 1165. policy, though the assignee has no insurable interest.-Page v. Metropolitan Life Ins. Co. (Ark.) 911. V. THE CONTRACT IN GENERAL. (B) Construction and Operation. 146. Where a contract was prepared by an insurance company, it must be construed most favorably to the assured.-Dorroh-Kelly Mercantile Co. v. Orient Ins. Co. (Tex.) 1165. § 155. Evidence held to require a finding that an additional policy constituted concurrent insurance on a building and not on a mere addition thereto.-Prussian Nat. Ins. Co. of Stettin, Germany, v. Terrell (Ky.) 416. § 163. A policy on a building held to cover an addition thereto built before the policy was issued as a matter of law.-Prussian Nat. Ins. Co. of Stettin, Germany, v. Terrell (Ky.) 416. § 163. A bank safe held furniture within a policy insuring the bank's furniture and fixtures.-Mecca Fire Ins. Co. (Mut.) of Waco V. First State Bank of Hamlin (Tex. Civ. App.) 1083. VII. ASSIGNMENT OR OTHER TRANS- § 205. In an action on a life insurance policy by heirs of the insured, where the policy had been assigned by the insured, held, that the words "legal representatives" therein did not give the heirs a vested interest which would defeat an assignment by the insured.-Page v. Metropolitan Life Ins. Co. (Ark.) 911. § 207. Local agent held under insurance policy to have power to make indorsements and consented to assignments of the policy.-Sheets v. Iowa State Ins. Co. (Mo. App.) 80. VIII. CANCELLATION, SURRENDER, ABANDONMENT, OR RESCISSION OF POLICY. § 237. Present value of a life policy, not paid up, stated.-Supreme Lodge Knights of Pythias v. Neeley (Tex. Civ. App.) 1046. IX. AVOIDANCE OF POLICY FOR MIS- (C) Matters Relating to Person Insured. X. FORFEITURE OF POLICY BREACH OF PROMISSORY WARFOR RANTY, COVENANT, OR CONDITION SUBSEQUENT. (B) Matters Relating to Property or Interest Insured. § 328. A sale of goods in bulk held not to avoid an insurance policy upon the stock.Sheets v. Iowa State Ins. Co. (Mo. App.) 80. § 335. An invoice must contain a complete itemized statement of the stock on hand in order to meet the requirements of the covenant, in a policy or the assured can have no right of action thereon.-Dorroh-Kelly Mercantile Co. v. Orient Ins. Co. (Tex.) 1165. from an invoice articles of the value of $3,000 § 335. Where there was omitted purposely or $4,000, held, a claim of a substantial compliance with a provision for a complete itemized statement could not be maintained.-Dorroh-Kelly Mercantile Co. v. Orient Ins. Co. (Tex.) 1165. a contract providing for a complete inventory quired by a policy taken within a year prior to fourths the value of the property insured held § 376. Insurer's agent's waiver of an "iron- property incumbered by a vendor's lien held es§ 376. An insurer issuing a fire policy on topped from setting up the incumbrance to defeat the policy.-Mecca Fire Ins. Co. v. Smith (Tex. Civ. App.) 688. ing the invalidity of a policy.-Mecca Fire Ins. § 389. An insurer held estopped from assertCo. v. Smith (Tex. Civ. App.) 688. XII. RISKS AND CAUSES OF LOSS. (D) Life Insurance. the contract of insurance forbidding a recovery § 448. It is not necessary to avoid the policy that there should be an express exception in in favor of a beneficiary who feloniously kills the insured.-Metropolitan Life Ins. Co. v. Shane (Ark.) 836. XIII.' EXTENT OF LOSS AND LIA- (D) Life Insurance. XV. ADJUSTMENT OF LOSS. § 579. Settlement of an insurance loss held XVII. PAYMENT OR DISCHARGE, ROGATION. 1905 (Laws 1905, p. 308), held, that the court $335. An invoice held not complete and to pay a loss without litigation held evidence |