167 (Fla.) Law regulating public service
becomes part of contract.-State v. Pinellas
County Power Co., 504.

168 (Miss.) No duty implied where private
contract states the rights, duties, and liabilities
of both parties.-McPherson v. Gullett Gin

Co., 16.

175 (3) (La.) Evidence held to show build-
ing contractor knew contract was made for
benefit of plaintiff.-Myevre v. Liberty Realty
& Securities Co., 694.

(B) Parties.

187(3) (Ala.) Buyer, assuming as part of
consideration seller's debt to third person, held
suable by latter.-Farrell v. Anderson-Dulin-
Varnell Co., 205.

(B) Subscription to Stock.

80 (12) (La.) Subscribers to stock held en-
titled to join as plaintiffs to recover purchase
price.-Reardon v. Dickinson, 715.

V. MEMBERS AND STOCKHOLDERS.
(A) Rights and Liabilities as to Cor-
poration.

178 (La.) Stockholder becoming creditor of
corporation or paying its debts has same rights
as other creditors.-Hunter v. Chicago Lumber
& Coal Co., 35.

189 (2) (Ala.) Suit to cancel conveyance
by stockholder of property held in trust for
corporation held primary duty of corporation.-
Agee v. Agee's Cash Store No. 2, 809.
189 (9) (Ala.) Misjoinder of parties or
nonjoinder of necessary parties held not to ex-
ist.-Agee v. Agee's Cash Store No. 2, 809.

189(11) (Ala.) Corporate bill to set aside
conveyance of property held in trust held to
state cause of action.-Agee v. Agee's Cash
Store No. 2, 809.

General.

187 (5) (Ala.) Facts held sufficient to show | (A) Extent and Exercise of Powers in
acceptance by plaintiff of agreement by buyer
to pay seller's debt to him.-Farrell v. Ander-377 (2) (La.) Identity of corporation not
son-Dulin-Varnell Co., 205.

(C) Subject-Matter.

190 (La.) Master held not liable under con-
tract to furnish an "honest" and "sober" driv-
er, for loss of goods while in driver's care.-
American Cigar Co. v. Fabacher, 299.

destroyed because another corporation holds
controlling stock.-Hunter v. Chicago Lumber
& Coal Co., 35.

(B) Representation of Corporation by Of-
ficers and Agents.

426(10) (La.) Corporation reaping benefit
of loan not allowed to deny authority of stock-
holder to act in its behalf.-Gueydan v. T. P.

198(2) (La.) "Building site" held to in-
clude entire lot and not merely ground on
which building stood.-Myevre v. Liberty Real-Ranch Co., 541.
ty & Securities Co., 694.

V. PERFORMANCE OR BREACH.
309 (2) (Miss.) Where performance of con-
tract made impossible by event subsequént to
execution, promisor discharged.-Gulf & S. I.
R. Co. v. Horn, 381.

(F) Civil Actions.

515 (Ala.) Ultra vires character of con-
tract not appearing on face of bill must be set
up by answer or plea.-Houston Canning Co. v.
Virginia Can Co., 104.

VIII. INSOLVENCY AND RECEIVERS.

311 (Ala.) Contract to render personal
services in consideration of conveyance held 553(3) (Fla.) Receiver cannot be appoint-
terminated by and subject to cancellation on ed at instance of creditors to wind up insol-
vent corporation.-Armour Fertilizer Works v.
grantee's death.-Frazier v. Frazier, 118.
First Nat. Bank. 362.

322 (3) (La.) Defendant's negligence in
selecting driver for plaintiff not shown.-Ameri-559(5) (La.) Appointment of receiver held
not to relieve lessee corporation from payment
can Cigar Co. v. Fabacher, 299.
of rent.-Jacob v. Roussel, 295.

VI. ACTIONS FOR BREACH.

XII. FOREIGN CORPORATIONS.

333 (7) (La.) Exception of nonjoinder and 642(1) (Ala.) Leasing machines to be used
misjoinder of parties defendant held properly in state held not "transaction of business in
overruled.-Myevre v. Liberty Realty & Se- state."-Houston Canning Co. v. Virginia Can
curities Co., 694.
Co., 104.

CORPORATIONS.

668(1) (La.) Exception to citation held
not waived by objection to jurisdiction ratione
persona.-Gerth's Realty Experts v. Kracke,
41.

See Banks and Banking; Carriers; Electricity;
Municipal Corporations; Public Service Com-668 (15) (La.) Service on president of for-
missions; Railroads; Street Railroads; Tel- eign corporation not doing business in__state
egraphs and Telephones.
held not to confer jurisdiction.-Gerth's Realty
Experts v. Kracke, 41.

I. INCORPORATION AND ORGANIZATION.
28(1) (La.) De facto corporation shown
by filing of charter and admission of corporate
existence.-Gerth's Realty Experts v. Kracke,

41.

672 (4) (Ala.) Foreign corporation suing
on contracts must aver compliance with Con-
stitution and statutes.-Houston Canning Co. v.
Virginia Can Co., 104.

COSTS.

30 (2) (La.) One interested in promotion
of corporation held liable for fraud in sale of I. NATURE, GROUNDS, AND EXTENT OF
stock.-Reardon v. Dickinson, 715.

Defendant held connected with promotion and
liable for fraud of agent selling stock.-Id.

RIGHT IN GENERAL.

42(1) (Miss.) Requisites of tender to au-
thorize taxation of cost against plaintiff on re-

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER.
covery of judgment, stated.-Louis Cohn & VI. COURTS
Bros. v. Lovell Lumber Co., 188.

61 (Ala.) Apportionment authorized, though
defendant pleaded and established set-off less
than plaintiff's demand.-Brandon v. Garland,

234 (La.) Appellant held liable for costs,
notwithstanding reduction in amount of judg-
ment for appellee. Myevre v. Liberty Realty 231 (52) (La.) Case transferred, where
& Securities Co., 694.

74(1) (Miss.) Employment of county 39 (Miss.) Grantor liable for breach of
bridge commissioner for one year fixing month- warranty, though grantee had notice of incum-
ly compensation void.-Flurry v. Jackson Coun- brance.-Sutton v. Cannon, 24.
ty, 279.

99 (2) (La.) Overruling exception to peti- (Fla.) "Creditors' bill" defined.-Armour
tion does not preclude court from sustaining Fertilizer Works v. First Nat. Bank, 362.
objection to testimony based on same ground
Nature, purpose, and scope of creditors' bill
as exception.-Labourdette v. Doullut & Wil-
stated. Id.
liams Shipbuilding Co., 547.

I. NATURE AND ELEMENTS OF CRIME (B) Facts in Issue and Relevant to Issues,
AND DEFENSES IN GENERAL.
and Res Gestæ.

24 (Fla.) Rule as to presumption of crim-338 (7) (Ala.App.) Immaterial that wife
inal intent from commission of unlawful act not and daughter of prosecuting witness were wit-
applicable to crime for which specific intent nesses against defendant in another case.-
necessary. Smith v. State, 738.
Hasty v. State, 561.
42 (Miss.) One under indictment for sale 351 (3) (Ala.App.) Circumstantial evidence
of liquor, thereafter testifying before grand as to defendant's flight and articles discarded
jury to facts relating thereto, entitled to im- by him held competent.-Hill v. State, 314.
munity.-Hosey v. State, 577.
351(3) (Ala App.) Evidence of flight of
accused admissible.-Gilbert v. State, 566.
II. CAPACITY TO COMMIT AND RESPON-351 (10) (Ala.App.) Threat to kill another
if he swore that defendant burned house inad-
55 (Ala.App.) Drunkenness
may render missible.-Cobb v. State, 463.
intoxicated person incapable of forming specific359 (Ala.App.) Cross-examination as
intent, and as affecting mental state is jury matter showing interest of another in prosecu-
question.-State v. Massey, 625.
tion held permissible.-Wright v. State, 458.
361(3) (Ala.App.) Both state and accused
may offer evidence to explain accused's "flight."
Gilbert v. State, 566.

SIBILITY FOR CRIME.

VII. FORMER JEOPARDY.

201 (Ala.App.) Prosecution for violation of
ordinance no bar to prosecution for violation
of state law.-Leach v. State, 306.

to

Evidence admissible to explain flight.—Id.
Refusal to allow accused to explain flight
held error.-Id.

363 (Ala.App.) Description of burglarized
house when witness left it, and when he re-
turned, held admissible as res gesta.-Hasty v.
State, 561.

Evidence that chickens were missed from cur-
tilage of burglarized house held admissible as
res gestæ.-Id.

(C) Other Offenses, and Character of Ac-
cused.

369 (1) (Ala.App.) Admission of proof of
commission of other offense, and refusal to ex-

clude same, held reversible error.-Windham v.

State, 457.

380 (Ala.) Defendant's good character not
provable by specific acts or absence of con-
victions of crime.-Scott v. State, 211.

279 (Fla.) Plea in bar waiver of irregu-
larity raised by plea in abatement; objections
to grand jurors must be by plea in abatement
before pleading in bar.-Cruce v. State, 264.
300(14) (Ala.) Charge on self-defense as-
suming existence of peril properly refused.-ed on bad character alone.-Brown v. State,
Husch v. State, 321.

616.

381 (Ala.App.) Accused cannot be convict-

304 (2) (Ala.App.) No judicial notice taken 404(4) (Ala.) Deceased's clothing should
that alleged stills are commonly or generally not be received in evidence unless it tends to
used for manufacture of prohibited liquors.- shed light on material inquiry.-Husch v. State,
Wilson v. State, 914.
321.

308 (Ala.App.) Presumption of innocence Shirt and trousers worn by deceased at time
prevails until proof establishes guilt beyond all of killing admissible if penetrated by bullet.-Id.
reasonable doubt and to moral certainty.-404(4) (Ala.Ann.) Clothes worn by injured
Windham v. State, 457.
party when assaulted admissible as res gestæ.
308 (Ala.App.) Presumption is that ac-Sampson v. State, 305.
cused is innocent of crime charged.-Brown v. 404(4) (Fla.) Clothing worn by deceased
State, 616.
admissible to show number and location of
wounds.-Cruce v. State, 264.

309 (Ala.) Charge as to presumption of ac-
cused's good character held properly refused.
-Davidson v. State, 641.

(F) Admissions, Declarations, and Hear-

say.

309 (Ala.App.) No presumption as to char-
acter in absence of proof.-Brown v. State, 616.406 (1) (Ala.App.) Confession that liquor
321 (Ala.) Indictment presumed presented was accused's properly admitted in evidence.-
in presence of eleven grand jurors.-Perry v. Walker v. State, 564.
State. 842.

327 (Ala.App.) Prima facie case of guilt
does not generally rebut presumption of in-
nocence or shift burden of proof.-Wilson v.
State, 914.

327 (Miss.) Accused entitled to acquittal,
if jury has reasonable doubt as to whether im-
munity obtained.-Hosey v. State, 577.

328 (Fla.) Burden on state to prove spe-
cific intent necessary to make act an offense.-
Smith v. State, 738.

406(3) (Ala.) Defendant's statements held
admissible as voluntary statements against in-
terest.-Fincher v. State, 657.

412(1) (Ala.App.) Statements by defend-
ant admissible.-Dawkins v. State, 619.
412 (2) (Ala.) Defendant's declaration
against interest, made on promise of secrecy,
held admissible.-Fincher v. State, 657.

413(2) (Ala.App.) Accused may not offer
self-serving statement in testimony to explain
flight.-Gilbert v. State, 566.

330 (Miss.) Burden on defendant to estab-414 (Ala.) Declarations against interest
lish facts constituting immunity.-Hosey v. held prima facie competent and relevant to is-

941

INDEX-DIGEST

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
419, 420(1) (Ala.App.) Advice given de-531 (3) (Ala.) Defendant's statement as to
reason for killing decedent held admissible as
fendant by justice of peace before assault held
hearsay and inadmissible.-Sampson v. State, voluntary confession.-Scott v. State, 211.
305.

419, 420 (1) (Ala.App.) Statements of de-
fendant held inadmissible as hearsay, and as
not showing threat.-Savage v. State, 919.

419, 420 (1) (Miss.) Hearsay evidence held
inadmissible.-Walker v. State, 9.

419, 420(8) (Miss.) Testimony as to state-
ment by defendant's sister out of defendant's
presence held inadmissible.-Walker v. State, 9.

(G) Acts and Declarations of Conspirators
and Codefendants.

422(1) (Ala.App.) When prima facie con-
spiracy proved, declarations by one coconspira-
tor are admissible against the other.-Dawkins
v. State, 619.

422 (8) (Ala.App.) Statements by codefend-
ant in defendant's presence admissible.-Daw-
kins v. State, 619.

424 (1) (Ala.App.) Evidence that part of
stolen meat was found in defendant's house and
part in codefendant's held admissible.-Daw-
kins v. State, 619.

(I). Opinion Evidence.

448(1) (Ala.App.) Witness should state
facts and leave to jury conclusion sought to
be elicited.-Gilbert v. State, 566.

448(3) (Ala.) Testimony to be competent
must constitute facts and should not declare
mental status of another.-Fincher v. State,
657.

Witness' testimony as to defendant's state-
ment that "his wife knew there was something
wrong with him" held admissible.-Id.

448 (7) (Ala.App.) Question whether shells
were same size as one in gun held unobjection-
able.-Horton v. State, 620.

statement that
448 (8) (Ala.) Witness'
stains on defendant's knife looked like blood
held admissible.-Fincher v. State, 657.

449(1) (Miss.) Character of deceased with
respect to peculiar trait involved must be es-
tablished by general reputation in community.
-Cain v. State, 578.

450 (Ala.App.) Question calling for conclu-
sion of witness held invasive of province of
jury.-Gilbert v. State, 566.

as

to
472 (Ala.App.) Expert testimony
liquor and articles of still found held competent.
-Carter v. State, 199.

472 (Ala.App.) Expert witness may testi-
fy to process of manufacture of whisky.-Hor-
ton v. State, 620.

5322 (Ala.) Declarations against interest
held prima facie competent and relevant to is-
sue being tried.-Fincher v. State, 657.

If court is satisfied that all or any part of a
confession is true, it should not be rejected.
-Id.

(L) Evidence at Preliminary Examination

or at Former Trial.

539(1) (Ala.App.) Testimony of witnesses
at preliminary trial erroneously received where
witnesses present in court.-Bush v. State, 307.
Testimony of witnesses on former trial ad-
missible only in case of necessity.-Id.

(M) Weight and Sufficiency.
549 (Ala.App.) Evidence is truth gotten
552(1) (Ala.App.) If circumstances can be
from testimony.-Cobb v. State, 463.
reconciled with theory that some other person
did act charged, accused not proven guilty.-
~552(1) (Ala.App.) Flight of person charg
Hobdy v. State, 571.
ed with crime is circumstance to be considered
in determining guilt.-Haynes v. State, 575.

561(1) (Ala.App.) “Reasonable doubt" de-
fined.-Youngblood v. State, 87.

572 (Ala.App.) Evidence generating rea-
sonable doubt of guilt sufficient proof of alibi.
-Webster v. State, 201.

XI. TIME OF TRIAL AND CONTINUANCE.
586 (Ala.App.) Granting of continuance
lies within trial court's discretion.-Biddle v.
State, 572.

589(1) (Ala.) Delay in drawing special
venire held not ground for continuance.-Scott
v. State, 211.

Discretion not abused by denying continuance
for delay in serving copy of indictment and list
of jurors.-Id.

589(1) (Ala.App.) No abuse of discretion
in denying continuance for failure to summon
some of jurors and mistakes in names of oth-
ers.-Erwin v. State, 79.

589(1) (Ala.App.) Denial of continuance
in liquor prosecution held not an abuse of dis-
cretion.-Biddle v. State, 572.

600(1) (Ala.) Discretionary to grant de-
fendant continuance for absence of witnesses,
or put prosecution on showing as to testimony
of witnesses, if present.-Cagle v. State, 318.

XII. TRIAL.

(A) Preliminary Proceedings.

490 (Ala.) Exclusion of question on redi-
rect examination held discretionary.-Cagle v.625 (La.) Insane person cannot be legally
tried.-State v. Brodes, 610.
State, 318.

(J) Testimony of Accomplices and Code-

fendants.

508 (9) (Ala.) Consideration to be given by
jury of accomplice testimony.-Ex parte State
ex rel. Attorney General, 466.

511(1) (Ala.App.) Evidence held sufficient
corroboration of accomplice.-Cobb v. State,

463.

Consideration to be given by jury of accom-
plice testimony.-Id.

511(2) (Ala.App.) Any evidence tending to
connect defendant with commission of crime
sufficient corroboration of accomplice.-Cobb v.
State. 463.

511(7) (Ala.App.) Defendant's confession
held sufficient corroboration of accomplice's
testimony to justify conviction.-Biddle
State, 572.

(K) Confessions.

V.

confession

517(3) (Ala.App.) Evidence
freely made necessary predicate to admission.
-Gilbert v. State, 566.

Confessions not received unless voluntary.

(B) Course and Conduct of Trial in Gen-
eral.

641(1) (La.) Counsel should be appointed
ment.-State v. Brodes, 610.
for defendant in capital case before arraign-

655(3) (Ala.App.) Court's remark held not
ance.-Biddle v. State, 572.
to require reversal for refusal to grant continu-

(C) Reception of Evidence.

677 (Ala.App.) Not proper practice to ad-
mit improper evidence and then tell jury to dis-
regard it.-Brown v. State, 616.

683 (2) (Ala.) Exclusion of question on re-
direct examination held discretionary.-Cagle v.
State, 318.

(D) Objections to Evidence,

Motions to

Strike Out, and Exceptions.
691 (Ala.) No one except party asking
question can move to exclude answer as non-
responsive.-Davidson v. State, 641.

693 (Ala.) Objection to a question comes
too late after question answered.-Fincher v.
State, 657.

Right to cross-examine before admissions of 778 (2) (Ala.) Refused charge permitting
defendant introduced.-Id.
presumption that deceased waited for defend-
695 (2) (Ala.App.) Question to injured par-ant held purely argumentative.-Husch v. State,
ty in assault with knife held not erroneous.-
Sampson v. State, 305.

695 (5) (Ala.App.) Specific ground of ob-
jection to testimony waives other grounds.-
Horton v. State, 620.

321.

778 (4) (Ala.App.) Charge as to relative
weight of presumptions held properly refused as
argumentative.--Nix v. State, 918.

778(10) (Ala.) Charges as to presumption
from failure to offer second dying declaration
held properly refused in view of defendant's
right to require its production.-Husch v. State,
321.

(E) Arguments and Conduct of Counsel,
699 (Fla.) Latitude allowed counsel on
merits of case in arguments before jury.-Ty-778(12) (Ala.App.) Instruction as to ele-
son v. State, 254.
ments of self-defense and burden to prove de-
fendant at fault held properly denied.-Bell v.
State, 196.

713 (Ala.App.) Remark of solicitor in ar-
gument held proper.-Walker v. State, 564.

719(1) (Ala.App.) Solicitor's statement of
fact in argument to jury held improper as con-
trary to evidence.-Wright v. State, 458.

780(3) (Ala.App.) Instruction on accom-
plice testimony held erroneous.-Cobb, v. State,
463.
ju-782(13) (Ala.App.) Charge authorizing ac-
quittal, if facts reconcilable with guilt of an-
other, held properly refused, as misleading, un-
der evidence.-Nix v. State, 918.

719(1) (Fla.) Counsel in argument to
ry should confine remarks to evidence and legiti-
mate inferences.-Tyson v. State, 254.

720(5) (Ala.App.) State's attorney's state-
ment held not reversible error.-Savage v.
State, 919.

720(5) (Miss.) Misconduct of prosecuting
attorney to which objection sustained and at-
torney reprimanded held not to warrant re-
versal.-Cotton v. State, 383.

7202 (Fla.) Expressions by attorneys in
arguments before jury stating personal opin-
ions as to guilt are improper.-Tyson v. State,

254.

723(1) (Ala.) Statements by solicitor
argument held not prejudicial.-Davidson
State, 641.

784 (5) (Ala.App.) Instruction as to quality
of circumstantial evidence necessary to sustain
conviction held improperly denied.-Tatum v.
State, 569.

784 (7) (Ala.App.) Instruction to acquit if
circumstantial evidence could be reconciled
with theory of another's guilt properly denied
in view of evidence.-Tatum v. State, 569.

785(16) (Ala.App.) Requested charge as
to disregarding testimony held properly refus-
in ed.-Grigsby v. State, 82.
v.789 (3) (Ala.) Instruction on accomplice
testimony omitting reasonable doubt held er-
roneous.-Ex parte State ex rel. Attorney Gen-
eral, 466.

(F) Province of Court and Jury in Gen-
eral.

736(2) (Ala.) Jury cannot inquire into
competency of confession admitted in evidence
by court.-Scott v. State, 211.

736(2) (Ala.) Court must determine
whether confession is voluntary before admit-
ting in evidence.-Fincher v. State, 657.

740 (La.) Insanity at time act charged was
committed properly submitted to jury with oth-
er issues of fact.-State v. Brodes, 610.

It being alleged that accused has become in-
sane since crime, question one for court.-Id.

741 (3) (Ala.) Where court has determined
voluntary character of confession, its sufficien-
cy is for jury.-Fincher v. State, 657.

742 (2) (Ala.App.) Corroborative evidence
held sufficient to warrant submission of arson
case to jury.-Cobb v. State, 463.

753(2)(Ala.App.) Affirmative charges for
defendant properly refused as to count nol
prossed.-Chappell v. State, 75.

753(2) (Ala.App.) Defendant not entitled
to directed verdict, where there was some evi-
dence tending to prove him guilty under one
count.-Glaze v. State, 629.

753 (2) (Fla.) Defendant not entitled, as of
right, to instruction to acquit.-Davis v. State,

739.

789(9) (Ala.App.) Oral charge on reason-
able doubt held not error; "fixed"; "convic-
tion": "fixed conviction of guilt arising out
of evidence."-Youngblood v. State, 87.

789(15) (Ala.) Charges requiring acquit-
tal, unless evidence excluded every reasonable
supposition but guilt, held properly refused.--
Cagle v. State, 318.

789 (15) (Ala.) Charge for acquittal unless
evidence excluded every reasonable "supposi-
tion" properly refused.-Davidson v. State, 641.

789 (17) (Ala.App.) Refusal of instruction,
that if jury had a reasonable doubt as to guilt
to acquit, although not believing accused's wit-
nesses, held error.-Brown v. State, 616.

789 (18) (Ala.App.) Charge that single fact
inconsistent with guilt may create reasonable
doubt held properly refused.-Chappell v. State,

ac-

811(1) (Ala.) Charge that dying declara-
tions must be considered with great caution
properly refused as singling out particular evi-
dence for suspicion.-Husch v. State, 321.
757(1) (Ala.App.) Charge invading jury's811 (1) (Ala.App.) Instruction as to
province properly refused.-Bush v. State, 307. complice testimony held to give undue promi-
757(6) (Ala.App.) Refusal of charge that
testimony of impeached witness could be wholly811 (5) (Ala.App.) Refusal of charge sin-
nence to that testimony.-Cobb v. State, 463.
disregarded held proper.-Bush v. State, 307.
Charge held invasive of province of jury. Id. gling out part of testimony held proper.-Bush
759(1) (Ala.App.) Charge to accept theo-v. State, 307.
Charge singling out evidence properly re-
ry consistent with innocence held properly re- fused.-Id.
fused.-Chappell v. State, 75.

Charge to accept theory consistent with guilt~814(2) (Ala.) Showing necessary to war-
of another held properly refused.-Id.
rant instruction that possible guilt of another
763. 764 (21) (Ala.) Credibility of dying is sufficient to constitute reasonable doubt of
declaration should not be impeached and weight defendant's guilt stated.-Ex parte Hill. 315.
impaired by instruction.-Husch v. State, 321.

814(3) (Ala.) Instruction to find defendant
not guilty if circumstantial evidence indicated
possible guilt of another held properly denied.

(G) Necessity, Requisites, and Sufficienc-Ex parte Hill, 315.

of Instructions.

776(2) (Ala.) Charge held to properly de-
fine purpose and probative effect of proof of

814(3) (Ala.) Charges as to presumption
from failure to offer second dying declaration
in evidence held properly retused as not sup-