provided, and decision upon the petition, except on special order.

RULE XVI.

Where a judgment is reversed or modified, a certified copy of the opinion in the case shall be transmitted, with the remittitur, to the court below.

RULE XVII.

No paper shall be taken from the court-room or clerk's office, except by order of the court, or of one of the justices. No order will be made for leave to withdraw a transcript for examination, except upon written consent to be filed with the clerk.

RULE XVIII.

No writ of error or certiorari shall be issued, except upon order of the court, upon petition, showing a proper case for issuing the same.

RULE XIX.

Where a writ of error is issued, upon filing the same and a sufficient bond or undertaking with the clerk of the court below, and upon giving notice thereof to the opposite party or his attorney, and to the sheriff, it shall operate as a supersedeas. The bond or undertaking shall be substantially the same as required in cases on appeal.

RULE XX.

The writ of error shall be returnable-within-thirty days, unless otherwise specially directed.

RULE XXI.

The rules and practice of this court respecting appeals shall apply, so far as the same may be applicable, to proceedings upon a writ of error.

RULE XXII.

The writ shall not be allowed after the lapse of one year from the date of the judgment, order or decree which is sought to be reviewed, except under special circumstances.

RULE XXIII.

Appeals from orders granting or denying a change of venue, or any other interlocutory order made before trial, will be heard at any regular or adjourned term, upon three days' notice being given by either appellant or respondent, when the parties live within twenty miles of Carson. When the party served resides more than twenty miles from Carson, an additional day's notice will be required for each forty miles, or fraction of forty miles, from Carson.

RULE XXIV.

I. The Supreme Court, upon application of the district judge of any judicial district, will appoint a committee to examine persons applying for admission to practice as attorneys and counselors at law. Such committee will consist of the district judge and at least two attorneys resident of the district.

II. The examination by the committee so appointed shall be conducted and certified according to the following rules:

The applicant shall be examined by the district judge and at least two others of the committee, and the questions and answers must be reduced to writing.

No intimation of the questions to be asked must be given to the applicant by any member of the committee previous to the examination.

The examination shall embrace the following subjects: 1. The history of this State and of the United States; 2. The constitutional relations of the State and Federal governments;

3. The jurisdiction of the various courts of this State and of the United States;

4. The various sources of our municipal law;

5. The general principles of the common law relating to property and personal rights and obligations;

6. The general grounds of equity jurisdiction and principles of equity jurisprudence;

7. Rules and principles of pleadings and evidence;

8. Practice under the civil and criminal codes of Nevada;

9. Remedies in hypothetical cases;

10. The course and duration of the applicant's studies.

III. The examiners will not be expected to go very much at large into the details of these subjects, but only sufficiently so, fairly to test the extent of the applicant's knowledge and the accuracy of his understanding of those subjects and books which he has studied.

IV. When the examination is completed and reduced to writing, the examiners will certify and return it to this Court, accompanied by a certificate showing whether or not the applicant is of good moral character and has attained his majority and is a bona fide resident of this State.

REPORTS OF CASES

DETERMINED IN

THE SUPREME COURT

OF THE

STATE OF NEVADA.

JANUARY TERM, 1876.

[No. 743.]

STATE OF NEVADA, RESPONDENT, v. CHARLES HUFF, APPELLANT.

INDICTMENT-WHEN DEFECTIVE.-An indictment for murder which fails to show that the death occurred within a year and a day after the perpetration of the act which produced it, fails to state the requisite facts to constitute a complete offense.

IDEM--OBJECTIONS TO FORM WAIVED BY FAILURE TO DEMUR.-Held, that the defect, above stated, was waived by the failure of defendant to demur to the indictment.

IDEM ALLEGATION OF KILLING.-When it is alleged that the defendant, on a certain day and year, etc., "killed" the deceased, it is to be implied that the act which produced the death and the death occurred on the same day. BILL OF EXCEPTIONS--HOW AUTHENTICATED.--A bill of exceptions must be authenticated by the signature of the judge.

IDEM--SETTLEMENT OF, ON MOTION FOR NEW TRIAL.-The bill of exceptions, or statement, may be settled by the judge after the motion for a new trial is decided. (By Beatty, J.)

VERDICT CONTRARY TO EVIDENCE.-A verdict in a criminal case will not be reversed where there is any evidence to support it.

CROSS-EXAMINATION OF DEFENDANT.--When a defendant in a criminal case offers himself as a witness in his own behalf he subjects himself to the same cross-examination that would be proper in the case of any other witness.

IDEM.--Questions may be asked the witness which relate to his conduct and legitimately affect his credit for veracity. The defendant may, however, refuse to answer such questions.

VOL. XI.-2

Argument for Appellant.

IDEM--FREQUENT ASSAULTS AND BATTERIES.--No legitimate inference of the untruthfulness of a witness can be drawn from the fact that he has been convicted of frequent assaults and batteries. It could be inferred that he was a violent-tempered and perhaps a dangerous man, but not that he was a liar.

ERROR--WHEN PREJUDICIAL.-Held, that the defendant was prejudiced by being compelled to answer questions addressed to him in relation to his conviction of former assaults and batteries.

APPEAL from the District Court of the First Judicial District, Storey County.

Defendant was indicted for the murder of William Patrick O'Reilly, convicted of murder in the second degree and sentenced to imprisonment in the state prison at hard labor for the term of twenty years.

The facts are stated in the opinion.

De Long & Belknap, for Appellant.

I. The indictment is fatally defective in failing to charge that the death occurred within a year and a day after the wound was given, and in failing to state in what year the injury was given or the death occurred. (People v. Aro, 6 Cal. 209; People v. Kelly, Id. 212; Commonwealth v. Griffin, 3 Cush. 525; Wharton on Homicide, par. 789; 1 Bishop on Crim. Proc., secs. 237-239, 243-244; 1 Chitty Cr. Law, 222; Compiled Laws, secs. 1859, 1860; 3 Chitty Crim. Law, 736; State v. Conley, 39 Maine, 94; Moor, 555; State v. Curtis Orrell, 1 Dev. Law (N. C.) 139; 2 Hale's Pleas of the Crown, 179.)

II. The court erred in permitting the prosecution to prove the general and specific bad character of the defendant, when the defendant had not put his character either specifically or generally in issue. (1 Bishop on Crim. Proc., sec. 488; People v. White, 14 Wend. 111; 3 Greenl. on Ev., sec. 25; 2 Russell on Crimes, sec. 786; 15 N. H. 169; 18 Ohio, 221; 5 Gratt. 696; Griffin v. The State, 14 Ohio St. 63; People v. White, 14 Wend. 111; Taylor v. Commonwealth, 3 Bush (Ky.) 511; Gale v. The People, 26 Mich. 158; People v. Jones, 31 Cal. 565; State v. Fair, 43 Cal. 138; 14 Wend. (above cited); Bishop on Crim. Proc., sec. 490.)