what statement volunteered in testimony of police officer
is prejudicial to defendant in criminal case.... ..... 392
evidence of the defendant's reputation as a peaceable citi-
zen is not relevant in trial for larceny...
witness may testify as to examination of the records to
determine whether property has been fairly valued for
taxation. ...
reports of tax commission are admissible in evidence as
public documents
399
official returns are generally received in evidence.... 400
extent of the rule prohibiting evidence of another crime-
when part of confession referring to other crimes can
not be admitted......
verdict in criminal case cannot be sustained if incompetent
evidence may have affected degree of punishment.....
party assailing statutory classification has burden of show-
ing that it is arbitrary......
what proof is sufficient to establish venue-what evidence
of similar transactions is admissible in prosecution for
confidence game
a new trial will not be granted to obtain testimony which
is merely cumulative.......
extent to which evidence of other transactions is admis-
sible in prosecution for receiving stolen property..
what evidence is admissible in prosecution for perjury by
defendant on a former trial..........
admission of evidence should be carefully guarded in a
prosecution for perjury by defendant on former trial... 458
what does not render convicts incompetent as witnesses... 459
the mere admission of incriminating facts by a defendant
is not a confession-instructions...
as a general rule a new trial will not be granted to impeach
a witness-when a new trial will be granted for newly
discovered evidence ..
when written statements of witnesses on motion to vacate
judgment necessitate a new trial of criminal case....... 498
when conduct of the State's attorney on cross-examination
is prejudicial..
surety on recognizance in a criminal case should not be
required to testify that he had signed other bonds for
the defendant ....
what testimony as to conversation with defendant is im-
proper in prosecution for rape...
rape-what testimony as to physical condition of prose-
cuting witness is incompetent....
acknowledgment of deed may be impeached by clear and
convincing evidence-when court should hear evidence
on question of master's fees.....
opening statement by defendant's counsel in civil suit may
amount to an admission.....
trial judge should not conduct an extensive examination
of witnesses
widow suing to enforce marital rights is a competent wit-
ness to transactions before her marriage.
EXECUTORS AND ADMINISTRATORS.
direct appeal may be taken to determine validity of ap-
pointment of public administrator.....
court must grant letters to public administrator under sec-
tions 18 and 46 of Administration act.....
public administrator is an officer within meaning of con-
stitution-ordinary administrator is not a public officer. 194
effect upon pending estates of the removal of a public
administrator. ....
when executor may sell undivided interest not disposed of
in the will......
when executors take an estate in fee....
when executor cannot sell land free from claim of holder
of tax title-title of holder of tax deed cannot be sold
without his consent......
when the court should hear evidence on question of mas-
ter's fees
what constitutes forgery at common law-venue in for-
gery need not be proved beyond reasonable doubt......
indictment for forgery of municipal bond need not show
authority of officers of village to issue bond......
there is no presumption of law that forgery was commit-
ted where the forged instrument is disposed of........
intent to defraud is not presumed until forged instrument
is uttered ...
Arkin v. Page, 287 Ill. 420, distinguished, as to when an
owner of automobile is liable for injury caused by neg-
ligent driving by his minor child.....
American Can Co. v. Emmerson, 288 Ill. 289, and Hump
Hairpin Manf. Co. v. Emmerson, 293 id. 387, followed,
as to whether franchise tax of interstate railroad is a
burden on interstate commerce.....
Armstrong v. Emmerson, 300 Ill. 54, followed, in constru-
ing section 105 of the Corporation act for assessment of
franchise tax on authorized capital stock...............101, 91, 70
State Bank v. Mid-City Trust and Savings Bank, 295 Ill.
599, distinguished, as to effect of acceptance of draft by
the drawee....
103
Babbitt v. Grand Trunk Western Ry. Co. 285 Ill. 267, and
Bradish v. Yocum, 130 id. 386, explained, as to whether
the Appellate Court may decline to review merits if no
propositions of law were submitted..
Sanitary District v. Industrial Board, 282 Ill. 182, and
Bowman Dairy Co. v. Industrial Com. 292 id. 284, dis-
tinguished; Illinois Publishing Co. v. Industrial Com.
299 id. 189, followed, as to when recovery for death of
employee must be under Compensation act.......
Ford v. Greenawalt, 292 Ill. 121, distinguished, as to when
marriage of testator revokes his will.......
Campbell v. People, 16 Ill. 17, commented on, as to what
belief in danger justifies exercising right of self-defense. 227
Sutherland v. Harrison, 86 Ill. 363, followed, as to when
testator's mortgaged property is not primary fund for
mortgage debt
People v. Chicago and Eastern Illinois R. R. Co. 300 Ill.
218, followed, in sustaining objections to school tax.... 301
People v. Chicago and Eastern Illinois R. R. Co. 300 Ill.
251, followed, in sustaining objections to county tax as
extended at an unauthorized rate....
People v. Cosmopolitan Fire Ins. Co. 246 Ill. 442, ex-
plained, in holding that tax on net receipts is a tax on
business of insurance company. . . . .
Freesen v. Scott County Drainage District, 283 Ill. 536,
distinguished, as to when land owner may petition to
have assessment reduced under section 43 of Levee act. 350
People v. Doras, 290 Ill. 188, followed, in holding Parole
law valid ..
Duncan v. People, 1 Scam. 456, and George v. People, 167
Ill. 447, adhered to, in holding that error in date in cap-
tion of indictment is not material.....
People v. Illinois Central R. R. Co. 295 Ill. 408, explained,
as to when tax rate needed to pay municipal bonds is
not affected by subsequent legislative reduction of rate.. 467
FORMER CASES.-Continued.
Hickox v. Klaholt, 291 Ill. 544, distinguished, as to when
devise creates a contingent remainder with double as-
pect-merger.
People v. Payne, 296 Ill. 483, followed, in overruling ob-
jection to school tax....
Sutton v. Read, 176 Ill. 69, distinguished, as to when a
widow is not entitled to one-half the land covered by
lapsed devise ....
People v. Stitt, 275 Ill. 593, distinguished, as to whether
validating act of May 4, 1921, applies after final judg-
ment is entered....
when Statute of Frauds must be set up in bill.....
allegation of conspiracy, collusion and fraud must show
the facts ...
reliance upon fraudulent representations is not negligence. 540
when a deed given as part consideration for purchase of
farm property may be set aside for misrepresentations.. 540
acknowledgment of deed may be impeached by clear and
convincing evidence ...
creditors may avoid conveyance in fraud of their rights
regardless of form of transaction.....
as to marital rights, wife is entitled to same protection as
creditor-when conveyance before marriage is in fraud
of marital rights....
when freehold is involved in proceeding to construe will.. 320
GUARDIAN AND WARD.-See MINORS.
record of levy of road district taxes may be amended by
parol testimony
the State may regulate right to use streets and highways
for travel....
when tax rate needed to pay road bonds is not affected by
subsequent legislative reduction of rate....
statute authorizing the taking of private property for pub-
lic highway must be strictly construed.....
section 98 of Roads and Bridges act, as amended in 1919,
does not authorize taking of private property for a pri-
vate road
when highway commissioner and justice of peace have no
jurisdiction of proceeding under section 98 of the Roads
and Bridges act-appeal.......
when bill to enjoin threatened trespass by highway com-
missioner is properly dismissed..
when marriage of testator revokes his will. . . . .
widow who renounces will is entitled to one-third of per-
sonalty only after payment of debts.....
when widow who renounces will is not entitled to one-half
the land covered by lapsed devise.....
widow suing to enforce marital rights is a competent wit-
ness to transactions before her marriage.....
as to marital rights, wife has same protection as a cred-
itor-when conveyance before marriage is fraudulent.. 618
indictment for forgery of municipal bond need not show
authority of officers of village to issue bond... . . . .
what is a fatal variance in prosecution for murder caused
by procuring an abortion.....
when variance is not material-question of variance must
be raised in trial court.....
when objection that an indictment charged two felonies
is waived .....
error in date in caption of indictment is not material-
variance must be objected to on the trial.
when conveyances are subject to tax as being made in con-
templation of death......
agreement does not avoid inheritance tax where convey-
ance cannot be enforced prior to death of the grantor.. 373
complainant secking to enjoin collection of tax has bur-
den of proof .............
when city cannot be enjoined from interfering with erec-
tion of building...........
when joint obligces cannot sue separately on an injunc-
tion bond....
when bill to enjoin threatened trespass by highway com-
missioner is properly dismissed..
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