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
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.
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.
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.
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.
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.
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.
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,
672 (4) (Ala.) Foreign corporation suing on contracts must aver compliance with Con- stitution and statutes.-Houston Canning Co. v. Virginia Can Co., 104.
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,
II. PERSONS ENTITLED.
>90 (Ala.) Should be allowed defendant stricken as party by amendment of complaint. -Richardson v. Stinson, 209.
ERROR, AND ON NEW TRIAL OR MOTION THEREFOR.
OF APPELLATE JURISDIC- TION.
(A) Grounds of Jurisdiction in General. 203 (La.) Statute prescribing test of juris- diction held constitutional.-Perez v. Cogne- vich, 444.
(B) Courts of Particular States.
224(10) (La.) Supreme Court has jurisdic- tion of primary election contest for nomina- tion to office of parish assessor.-Perez v. Cog- nevich, 444.
224(11) (La.) Court of Appeal held to have jurisdiction on face of record.-Viering v. N. K. Fairbanks Co.. 29.
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.
260(4) (La.) Damages for frivolous appeal held not recoverable.-Illinois Pure Aluminum Co. v. Blancand, 537.
IX. IN CRIMINAL PROSECUTIONS. 315 (Ala.App.) Motion to retax costs in- curred by state in summoning certain witnesses not examined held properly overruled.-Samp- son v. State, 305.
322 (Ala.App.) Judgment sentencing de- fendant to additional time necessary to pay costs void.-Chappell v. State, 75.
II. GOVERNMENT AND OFFICERS. (C) County Board.
53 (Ala.) Mandatory duty of probate judge as president of county board to record allow- ance of claim.-Fountain v. State, 892.
(D) Officers and Agents.
plaintiff's demand cannot reach jurisdictional amount.-Claverie v. Lorenz, 427.
VII. UNITED STATES COURTS.
(F) State Laws as Rules of Decision.
366 (1) (Ala.) State court's construction of state statute adopted by United States Su- preme Court.-Alabama Water Co. v. City of Attalla, 490.
VIII. CONCURRENT AND CONFLICTING JURISDICTION AND COMITY.
475(1) (Fla.) As between courts of con- current jurisdiction, court first acquiring juris- diction of property involved retains it.-Maddox Grocery Co. v. Hay, 747.
II. CONSTRUCTION AND OPERATION. (B) Covenants of Title.
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.
III. PROPERTY, CONTRACTS, AND LIA- BILITIES.
(A) Public Buildings and Other Property 107 (Ala.) Board of revenue had authority to lease courthouse and jail no longer used for county purposes.-Jackson v. Ball, 327.
See Clerks of Courts; Deposits in Court; Judges; Justices of the Peace; Prohibition; Removal of Causes.
II. ESTABLISHMENT, ORGANIZATION, AND PROCEDURE IN GENERAL.
(D) Rules of Decision, Adjudications,
Opinions. and Records.
91(1) (Ala.App.) Decisions of appellate courts binding on lower courts.-American Lumber & Export Co. v. Love, 623.
91(1) (Ala.App.) Court of Appeals must conform to holding of Supreme Court.-Ford v. State, 917.
III. PERFORMANCE OR BREACH. 101 (Miss.) Grantee's surrender of posses- sion held not to preclude recovery of damages for breach of warranty of title.-Sutton v. Can- non, 24.
IV. ACTIONS FOR BREACH.
108(1) (Miss.) Refusal to accept offer re- quiring payment of more than original pur- chase price did not preclude action for breach of warranty.-Sutton v. Cannon, 24.
122 (Miss.) Deed of trust and trustee's deed thereunder held to make prima facie showing of valid and paramount incumbrance and title.-Sutton v. Cannon, 24.
130(4) (Miss.) Measure of damages for breach of warranty is amount paid with inter- est. Sutton v. Cannon, 24.
130(7) (Miss.) Grantee suing remote gran- tor could not recover value of real estate con- veyed to immediate grantor.-Sutton v. Can- CREDITORS' SUIT.
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.
100(1) (Miss.) Common law on subject re- mains as if case subsequently overruled had never been decided.-Gross v. State, 177.
104 (Ala.) Appellate court not required to discuss correctness of conclusion from weight of evidence.-Howell v. Howell, 635.
117 (La.) Truth of record as to matters within jurisdiction cannot be disputed.-Cole v. Richmond, 419.
IV. COURTS OF LIMITED OR INFERIOR JURISDICTION.
190 (4) (Ala.) Motion to quash writ and voluntary appearance held waiver of statutory notice.-Cooledge v. McArdle, 145.
(1) (Fla.) Unless complainants have first instituted suit, creditors' bill cannot be entertained.-Armour Fertilizer Works v. First Nat. Bank, 362.
33 (Fla.) Court may appoint receiver to take charge of property involved until final de- termination.-Armour Fertilizer Works v. First Nat. Bank, 362.
See Arson; Assault and Battery, 85–96; Bail, 43; Burglary; Conspiracy, 47; Fines; Grand Jury; Homicide; Incest; In- dictment and Information; Larceny; May- hem; Rape, 22; Receiving Stolen Goods.
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.
VII. FORMER JEOPARDY.
201 (Ala.App.) Prosecution for violation of ordinance no bar to prosecution for violation of state law.-Leach v. State, 306.
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.
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.
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-
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-
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.
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
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.
(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-
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,
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.
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,
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.
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,
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,
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,
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.
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-
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