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titled to judgment on the pleadings.-Yokohama
Specie Bank v. Geo. S. Bush & Co., 676.
XII. ISSUES, PROOF, AND VARIANCE.
398 (Cal.App.) Variance held not to have
misled defendant to his prejudice.-Feeney v.
Standard Oil Co., 85.

XIII. DEFECTS AND OBJECTIONS, WAIV-
ER, AND AIDER BY VERDICT
OR JUDGMENT.

402 (Cal.) Failure of cross-complaint for divorce to allege facts concerning plaintiff's residence not cured by other pleadings.-Bullard v. Bullard, 361.

403(2) (Cal.App.) Omission in complaint to enforce lien cured by answer.-Heberling v. Day, 908.

408 (Or.) Objection that complaint did not state cause of action never waived.-Duby v. Hicks, 156.

409 (4) (Colo.) When plea not objected to until trial, rulings on evidence and instructions sustained if the plea is good, though subject to special demurrer.-Pedotto v. Yantorno, 279.

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PROHIBITION.

I. NATURE AND GROUNDS.

411 (Okl.) Objections to counterclaim waived after judgment entered thereon.-Brisley v.3(1) (Cal.) To prevent trial of election Mahaffey, 920.

417 (Okl.) Taking leave to amend, waiver of error in sustaining demurrer.-Bank of Buchannan County v. Priestly, 412.

418(2) (Colo.) Answering after overruling of demurrer waiver of defect.-Peterson v. Spears, 509.

contest denied where objections can be cured by amending pleadings.-Castagnetto v. Superior Court in and for Mariposa County, 548.

3(1) (Cal.) Refused because claimed res judicata was available on return to order to show cause.-Grinbaum v. Superior Court of City and County of San Francisco, 1005. 433(3) (Or.) Defective allegations of com-6(2) (Cal.App.) Will not lie to prevent plaint cured by verdict.-Duby v. Hicks, 156.

433 (5) (Or.) Defective allegations of complaint cured by verdict, but failure to state cause of action not cured.-Duby v. Hicks, 156. C435 (Cal.) Failure of cross-complaint for divorce to allege facts concerning plaintiff's residence not cured by findings.-Bullard v. Bullard, 361.

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25 (Cal.App.) Lien of pledge not lost by renewal of debt.-Anglo-California Trust Co. v. Wallace, 78.

closing of street.-Garin v. Pelton, 378.

(Cal.) Court's error in exercise of its jurisdiction cannot be controlled by writ of prohibition.-Castagnetto v. Superior Court in and for Mariposa County, 548.

II. JURISDICTION, PROCEEDINGS, AND

RELIEF.

17 (Cal.) Objections to trial court proceeding to be presented to it before seeking prohibition.-Grinbaum v. Superior Court of City and County of San Francisco, 1005.

26 (Nev.) If return to order to show cause sets up admitted or undisputed facts, it is sufficient, though not formal pleading.-State v. Streshley, 712.

Formal answer to application not required by Code.-Id.

PROMISSORY NOTES.

30 (2) (Cal.App.) One holding note to secure debt may seek to recover on the note, See Bills and Notes. though debt is not due.-Anglo-California Trust Co. v. Wallace, 78.

POISONS.

9 (Okl.Cr.App.) Evidence held insufficient to support charge of receiving narcotics.-Sullivan v. State, 193.

POLICE POWER.

PROSTITUTION.

(Cal.App.) In prosecution of husband for leaving wife in house of prostitution, his status as husband continues until final decree of divorce.-People v. Smith, 248.

(Wash.) Statute denouncing the accepting of the earnings of a prostitute held not unconstitutional.-State v. Miles, 518.

See Constitutional Law, 81; Municipal (Wash.) Time during which defendant Corporations, 594-621.

PRACTICE.

For practice in particular actions and ings, see the various specific topics.

PRESCRIPTION.

lived with common prostitute not material if they intended to continue to live together.State v. Everett, 519.

proceed-4 (Wash.) Evidence held to sustain conviction for accepting earnings of common prostitute.-State v. Miles, 518.

Evidence that defendant received earnings of prostitute and paid expenses of codefendant See Adverse Possession; Limitation of Ac- therewith held to sustain conviction of codetions.

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fendant.-Id.

5 (Wash.) Whether defendant accepted earnings of common prostitute held for jury.State v. Everett, 519.

6 (Wash.) Sentence imposed for accepting earnings of common prostitute held not so excessive as to show an abuse of discretion.State v. Miles, 518.

6 (Wash.) Sentence of 42 years to 5 years in state penitentiary for living with and

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER accepting earnings of common prostitute held | 442 (7) (Utah) Evidence as to manner of not excessive.-State v. Everett, 519. driving horses on other occasions held properly excluded.-Smith v. Utah-Idaho Cent. R. Co., 235.

PUBLIC IMPROVEMENTS.

See Municipal Corporations, 518–522.

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443 (7) (Cal.App.) Evidence held to show negligence as to cows on track.-Hansen v. Northwestern Pac. R. Co., 63.

446(1) (Okl.) Negligent injury to animal held question for court.-McAdoo v. MeCartney, 654.

447(2) (Okl.) Instruction on negligence in killing animal justified by evidence.-Mills v. Stewart, 770.

(B) Entries, Sales, and Possessory Rights. 39(3) (Cal.App.) Effect of filing of declara-447 (2) (Okl.) Instruction on negligence in tory statement to locate town site stated. killing animal.-Mills v. Williams, 771. Placer County v. Lake Tahoe Ry, & Transportation Co., 900.

41 (Cal.App.) Burden held upon occupant of public commons to overcome prima facie case made by introduction of map showing dedication.-Placer County v. Lake Tahoe Ry. & Transportation Co., 900.

Actual occupancy prior to location of town site not shown.-Id.

Evidence held insufficient to show right of railroad company in public commons.-Id.

PUBLIC SERVICE COMMISSIONS.

2 (Colo.) Public Utility Act held not unconstitutional.-Pirie v. Public Utilities Commission, 640.

RAPE.

II. PROSECUTION AND PUNISHMENT. (B) Evidence.

51(1) (Cal.App.) Evidence held to justify verdict of guilty.-People v. Pearson, 803.

53(3) (Cal.App.) Evidence held to show intent to commit.-People v. Mit Singh, 1013.

REAL ACTIONS.

See Ejectment; Partition; Quieting Title.

RECEIVING STOLEN GOODS. 2(Colo.) Tampering with shipping tags and waybills misplacing delivery held constructive theft.-Shaw v. People, 812.

32 (Colo.) Finding of commission as to right to certificate of public necessity and convenience in operating franchise binding on ap-3 (Cal.App.) Guilty knowledge that goods pellate court.-Pirie v. Public Utilities Commis- were stolen need not be actual.-People v. Merson, 640. cado, 1035.

PUBLIC SERVICE CORPORATIONS. See Carriers; Electricity; Gas; Railroads; Street Railroads.

QUIETING TITLE.

I. RIGHT OF ACTION AND DEFENSES. 12(7) (Colo.) Plaintiff must be in actual possession. Crandall v. Crandall, 814,

23 (Okl.) One not in possession may sue for possession and to quiet title by suing to cancel deeds constituting cloud on title.-Tidal Oil Co. v. Flanagan, 729.

II. PROCEEDINGS AND RELIEF.

38 (Okl.) Judgment against defendant on disclaimer and allegation of conveyance of interest as trustee prior to action held proper.Brunson v. Lightfoot, 922.

47(1) (Cal.) Where execution of quitclaim deed disputed, instruction on prima facie presumptions arising from certificate of acknowledgment should have been given.—Biaggi v. Ramont, 892.

49 (Wash.) Decree quieting title held not erroneous for failure to charge owner with taxes paid by respondent.-Hendrickson v. Lyons, 1095.

RAILROADS.

See Street Railroads.

X. OPERATION.

(F) Accidents at Crossings. 307(6) (Cal.App.) Notice of time of operation of gates must be given.-Wyseur v. Davis, 213.

346 (5) (Cal.App.) Reasonable inference nonresident did not know hours for operation of crossing gates.-Wyseur v. Davis, 213.

~350 (21) (Cal.App.) Contributory negli gence of automobile occupant question of fact.Wyseur v. Davis, 213.

5 (Colo.) Voluntary delivery to accused held not a retaking defeating conviction.-Shaw v. People, 812.

8(3) (Cal.App.) Evidence held to support conviction.-People v. Mercado, 1035.

8 (3) (Colo.) Evidence of claims against carrier unnecessary to convict.-Shaw v. People, 812. that

9(1) (Cal.App.) Guilty knowledge goods were stolen need not be actual and is a jury question.-People v. Mercado, 1035.

9(1)(Colo.) Voluntary delivery of stolen goods no defense where made for purpose of apprehending recipient.-Shaw v. People, 812.

RECORDS.

See Appeal and Error, 494-714; Criminal Law, 1091-1124.

92 [New, vol. 12A Key-No. Series]

(Cal.App.) Transfer of automobile to plaintiff prior to action established ownership and right to maintain action.-Taylor v. Bernheim, 55.

92 [New, vol. 12A Key-No. Series] (Cal.App.) Party, in whose name automobile registered, not deprived of right to maintain action for injury, though purchased with funds of another.-Whitworth v. Jones, 60.

REFERENCE.

See Arbitration and Award.

REFORMATION OF INSTRUMENTS. I. RIGHT OF ACTION AND DEFENSES.

18 (Wash.) Instruments which by mistake fail to have the legal effect intended may be reformed.-Hendrickson v. Lyons, 1095.

II. PROCEEDINGS AND RELIEF, 44 (Cal.App.) Oral evidence admissible to show mistake though contract within statute of frauds.-Key v. Vidovich, 375. requir-45 (3) (Cal.App.) Evidence insufficient to show mistake in not providing for sale subject to incumbrance.-Key v. Vidovich, 375.

(H) Injuries to Animals on or near Tracks. 419(4) (Utah) Instructions on care ed as to animals on track held proper.-Smith v. Utah-Idaho Cent. R. Co., 235.

RELEASE.

II. CONSTRUCTION AND OPERATION. 31 (Cal.App.) General release does not extend to claims not known or suspected.-Gaver v. Early, 390.

RELIGIOUS SOCIETIES.

ROBBERY.

24(1) (Cal.App.) Evidence held sufficient to warrant conviction.-People v. Sharp, 266. 24(3) (Cal.App.) Evidence of identity held sufficient to support conviction.-People Hahn, 268.

SALES.

V.

18 (Ca'.App.) Grant to church trustees held gift to church, vesting legal title in trus- See Taxation, 696-708; Vendor and Purtees, as depositary of title.-Brittenbaker v. Buck, 264.

REMAINDERS.

17(3) (Cal.) Possession of life tenant's grantee held ouster of remaindermen.-Akley v. Bassett, 576.

REMOVAL OF CAUSES.

VI. PROCEEDINGS TO PROCURE AND EF.
FECT OF REMOVAL.

chaser.

1. REQUISITES AND VALIDITY OF CONTRACT.

22(3) (Idaho) Accepted offer to sell definite quantity at stated price makes valid contract.-O. A. Olin Co. v. Lambach, 277.

24 (Idaho) "Option" contract defined.-O. A. Olin Co. v. Lambach, 277.

Goods.

IV. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of be-179(4) (Or.) If buyer keeps article delivered or uses it inconsistently with seller's ownership, without offering to rescind, seller may recover contract price, less buyer's damages.F. C. Austin Co. v. J. H. Tillman Co., 131.

86(7) (Okl.) Petition filed when case comes removable in time, although after defendant required to answer.-New England Oil & Pipe Line Co. v. Broyles, 312.

89(1) (Okl.) State court not bound to surrender jurisdiction until face of the record shows petitioner entitled to removal.-New England Oil & Pipe Line Co. v. Broyles, 312.

95 (Okl.) Petition and bond for removal filed by resident of another state ipso facto ousts state court of jurisdiction.-New England Oil & Pipe Line Co. v. Broyles, 312.

REPLEVIN.

I. RIGHT OF ACTION AND DEFENSES. 4 (Okl.) Lies to recover undivided interest in broom corn.-First Nat. Bank v. Ball, 322. 8(4) (Okl.). Gist of action is right to immediate recovery of specific property.-Williams v. Williams, 769.

182(1) (Wash.) Whether seller of cants complied with agreement as to method of measurement held for jury.-International Lumber Export Co. v. M. Furuya Co., 858.

V. OPERATION AND EFFECT. (A) Transfer of Title as Between Parties. 199 (Idaho) Title to identified article sold passes when contract made, and nothing remains but delivery and payment.-O. A. Olin Co. v. Lambach, 277.

who accepted 202(2, 3) (Wash.) Seller check for cattle sold cannot retake them after seizure under execution, though buyer stopped payment on check.-Goodwin v. Bear, 1080.

(D) Bona Fide Purchasers.

10 (Cal.App.) Lies against persons constructively in "possession" of property at com-234 (9) (Wash.) Seller by course of dealing mencement of action.-Taylor v. Bernheim, 55. held estopped to claim title under conditional One liable, if in control of or able to deliver sales contract.-Gramm-Bernstein Motor Truck property sought.-Id. Co. v. Todd, 3.

Attaching creditor, indemnifying sheriff, held liable for wrongful detention of property.-Id.

VI. WARRANTIES.

II. JURISDICTION, VENUE, AND PARTIES. 267 (Mont.) Contract expressly limiting

warranties held not to warrant rebuilt tractor. nec--Friesen v. Hart-Parr Co., 986.

22 (Ariz.) One not in possession not a essary party.-Scottsdale Ginning Co. v. Longan, 876.

22 (Cal.App.) Attaching creditor may be joined with attaching officer as defendant. Taylor v. Bernheim, 55.

Parties may stipulate property sold is not warranted.-Id.

288 (2) (Or.) Seller's delivery of article described not waived by buyer's failure to reject. article delivered; where repudiation will not afford complete remedy.-F. C. Austin Co. v. J. H. Tillman Co., 131.

IV. PLEADING AND EVIDENCE. 69 (2) (Okl.) Plaintiff must offer evidence Buyer's use of article unlike that described tending to establish title to sustain replevin in contract does not constitute waiver of perwhere right to possession based thereon.-Wil-formance by seller, where accepted under proliams v. Williams, 769. test.-Id.

72 (Cal.App.) Evidence held to establish ownership of automobile.-Taylor v. Bernheim, 55.

VII. REMEDIES OF SELLER.
(F) Actions for Damages.

72 (Kan.) Evidence held to sustain plaintiff's ownership of property.-Brunswick-Balke-377 (Cal.) Complaint held sufficient to give court jurisdiction.-Trans-Pacific Trading Co. Collender Co. v. Witt, 815. Evidence held to sustain verdict as to value. v. Patsy Frock & Romper Co., 357. -Id.

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384(2) (Idaho) Measure of damages for refusal to perform sales contract stated.-O. A. Olin Co. v. Lambach, 277.

VIII. REMEDIES OF BUYER. (C) Actions for Breach of Contract.

417 (Wash.) Evidence held insufficient to show consignee could have minimized damages by storing lumber instead of allowing railroad demurrage to accrue.-R. P. Arkley Lumber Co. v. Vincent, 690.

418(19) (Wash.) Demurrage charges held recoverable as proximate result of breach of contract where lumber shipment was rejected. -R. P. Arkley Lumber Co. v. Vincent, 690.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
(D) Actions and Counterclaims for Breach

of Warranty.

SEARCHES AND SEIZURES.

426 (Or.) Seller must deliver machine de-3 (Or.) Statute requiring affidavit showing
scribed before relying on buyer's failure to probable cause before issuance of search war-
return it.-F. C. Austin Co. v. J. H. Tillman rant mandatory.-Nally v. Richmond, 871.
Co., 131.
3 (Wash.) Seizure without warrant not.
Parties may provide exclusive remedy of buy-prohibited, where goods are open to eye and
hand.-State v. Miller, 9.

er for breach.-Id.

Buyer agreeing to return property in case of
breach cannot counterclaim. for damages in
seller's action for purchase price.-Id.

Requirement that buyer return defective ma-
chine did not limit remedies for failure to fur-
nish machine described.-Id.

IX. CONDITIONAL SALES.

472(3) (Cal.App.) Assignee of fictitious
contract of conditional sale not entitled to pos-
session as against one selling to assignor on
conditional sale.-Rogers Lamb Co. v. Coast
Securities Co., 246.

479(2) (Cal.App.) Seller under conditional
contract entitled to take possession of property
when abandoned by buyer.-Rogers Lamb Co.
V. Coast Securities Co., 246.

479(9) (Wash.) Money judgment for any
part of purchase price will not be granted in
replevin.-Gramm-Bernstein Motor Truck Co.
V. Todd, 3.

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6 (Kan.) Evidence held sufficient to oust
sheriff for failure to enforce prohibitory law.-
State v. Teeters, 818.

III. POWERS, DUTIES, AND LIABILITIES.
dis-14 (Cal.) Sheriff held liable for seizing
mortgaged goods without tendering the amount
of mortgage to mortgagee.-Phillips v. Byers,

11 (Kan.) Law providing for levy and
tribution of taxes for high schools held not to
provide for their organization.-State v. School
Dist. No. 2, Sumner County, 665.

(B) Creation, Alteration, Existence, and
Dissolution of Districts.

557.

SHIPPING.

VIII. CARRIAGE OF PASSENGERS.

22 (Kan.) County superintendent may or-166(3) (Wash.) Passenger, who tried to
ganize new district including territory embraced step from gangplank to dock without looking to
in a consolidated district.-State v. Waters, 974. see distance, held contributorily negligent.-
36 (Kan.) County commissioners may cre- Johnson v. Washington Route, 1100.
ate new district after September 1st on appeal
from order of county superintendent.-State v.
SPECIAL LAWS.
Waters, 974.

See Statutes, 68-102.

SPECIFIC PERFORMANCE.

39 (Kan.) Failure to postpone notices of
formation of new school district by county su-
perintendent will not defeat appeal on day order I. NATURE AND GROUNDS OF REMEDY
made.-State v. Waters, 974.

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160 (Okl.Cr.App.) Parent held not liable to
penalties for failure to send to public school
child taught by competent private instructors.
-Wright v. State, 179.

Instructions as to duty of parent educating
child privately held erroneous.-Id.

Sufficiency of facilities for education of child
outside of public school held for the jury.-Id.

164 (Kan.) Annual meeting of school dis-
trict not empowered to prescribe course of
study that must be executed by school board.
State v. School Dist. No. 2, Sumner County,
665.

IN GENERAL.

10(2) (Kan.) Decree may be rendered as
to lands exclusive of homestead, where wife did
not sign contract.-Herman v. Sawyer, 663.
13 (Kan.) Vendor held able to procure
merchantable title in time to perform.-Herman
v. Sawyer, 663.

II. CONTRACTS ENFORCEABLE.

rental to be agreed on held enforceable.-
57 (Wash.) Option to renew lease with
Young v. Nelson, 515.

IV. PROCEEDINGS AND RELIEF.

121 (8) (Cal.App.) Findings as to truth of
livery of bank stock under contract with de-
allegation of equity in petition to require de-
cedent held sustained.-In re Cheda's Estate,
70.

STATES.

II. GOVERNMENT AND OFFICERS.

53 (Okl.) Governor's disapproval of appro-
priation for clerk's salary held not to repeal law
creating clerkship.-Carter v. Rathburn, 944.
School district not compelled to follow four-57 (Okl.) One hired by and rendering serv
year high school course prescribed by state
board of education.-Id.

ice to State Commissioner of Highways entitled
to compensation.-Butler v. Carter, 965.

States

64 (Okl.) Duty of Auditor to issue warrant
in approved amount to one rendering service to
State Highway Commissioner.-Butler v. Car-
ter, 965.

67 (Okl.) State Auditor and State Board
of Public Affairs are co-ordinate departments
whose duties do not conflict; State Board of
Affairs has jurisdiction of state game preserves,
and may let contracts and incur expenses for
supplies.-Clark v. Carter, 932.

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68 (Okl.Cr.App.) Law applying uniformly
to designated class held a "general law."-Bish-
op v. City of Tulsa, 228.

76 (6) (Utah) Tax statute for cities of first
class held not to violate prohibition against
special legislation.-Salt Lake City v. Salt
Lake County, 207.

68 (Okl.) Statutes relating to Board of
Public Affairs held not to take any powers from
State Auditor nor create any conflict of author-93 (5) (Utah) Tax statute for cities of first
class held not to violate prohibition against
ity. Clark v. Carter, 932.
special legislation.-Salt Lake City v. Salt Lake
County, 207.

73 (Okl.) State Auditor is one of the ex-
ecutive officers, and not a mere ministerial of-
ficer.-Clark v. Carter, 932.

76 (Okl.) Auditor is state's accountant, and
it holds him responsible for failure to account
for its funds.-Clark v. Carter, 932.

82 (Idaho) Additional duties imposed on
trustees of State Historical Society.-State v.
Gallet, 723.

93 (8) (Okl.Cr.App.) Law creating munici-
pal courts for certain cities held “general law"
and not special law.-Bishop v. City of Tulsa,
228.
102(2) (Cal.) Statute for appointment of
advisory board to co-operate with assessor held
to violate requirement as to general and uni-
form laws as to compensation.-Forward v.

IV. FISCAL MANAGEMENT, PUBLIC DEBT, San Diego County, 993.

AND SECURITIES.

131 (Okl.) Where an appropriation has not
been made in strict compliance with law, it is
invalid.-Carter v. Rathburn, 944.

132 (Idaho) Purpose of appropriation for
State Historical Society stated.-State
Gallet. 723.

III. SUBJECTS AND TITLES OF ACTS.

105(1) (Or.) Constitutional requirement
as to subjects and titles of acts must be liber-
ally construed.-Calder v. Orr, 479.
V.107(6) (Utah) Statute providing for levy
of city taxes held not unconstitutional, as con-
taining more than one subject.-Salt Lake City
v. Salt Lake County, 207.

C138 (Okl.) On issuance of warrant by Audi-
tor state pledges its credit for redemption
thereof.-Clark v. Carter, 932.

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I. ENACTMENT, REQUISITES, AND VA-
LIDITY IN GENERAL.

33 (Okl.) Provision permitting Governor to
disapprove items of appropriation bill does not
permit repassage except by two-thirds vote.-
Carter v. Rathburn, 944.

Item of appropriation bill disapproved by
Governor, and not repassed by two-thirds vote,
is invalid.-Id.

123(4) (Or.) Provision for levy of special
tax held within title of road improvement act;
"provide."-Calder v. Orr, 479.

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VI. CONSTRUCTION AND OPERATION.
(A) General Rules of Construction.
181(1) (Or.) Duty of court to give effect
to intent and hold statute valid if possible.-
Calder v. Orr, 479.

184 (Or.) Declared purpose controlling un-
less incompatible with effect.-Camas Stage Co.
v. Kozer, 95.

190 (Nev.) Where language is plain, there
is no room for construction.-State v. Jepsen,
501; Rahbeck v. Same, 502.

194 (Ariz.) Specific provisions of statute
controlling.-State v. Lumbermen's Indemnity
Exchange, 294.

197 (Cal.App.) “And” may be substituted
47 (Or.) Statute, indefinite as to publica- for "or," and vice versa.-Abbey v. Board of
tion of notice of road district meetings, held Directors of Honcut-Yuba Irr. Dist., 709.
valid, where legislative intent is obvious.-Cald-199 (Cal.App.) "Manner" of doing thing
does not ordinarily include time of doing it,
er v. Orr, 479.
and whether it does depends on intent.-Moore
v. City Council of City of Los Angeles, 64.

64(7) (Okl.Cr.App.) That statute provides
for unconstitutional method of selecting jury

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