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§ 304. It is a matter of common knowledge that all forms of paper money are commonly called "bills."-Long v. State (Ark.) 961.

§ 304. Judicial notice will be taken of the fact of there being two district courts in a county.-Thomas v. State (Tex. Cr. App.) 1030. §304. The Court of Criminal Appeals judicially knows the geography of the country, and that Panola county lies north of and adjoining Shelby county.-Bussey v. State (Tex. Cr. App.) 1035.

317. The state was not entitled to show as against accused that a codefendant previously tried had failed to introduce certain testimony. -Deneaner v. State (Tex. Cr. App.) 201.

§ 322. It must be assumed that the report of the jury commissioners was filed in the .office of the clerk of court and properly indorsed as required by statute, in absence of averment or showing to the contrary.-Balden v. State (Tenn.) 134.

§ 391. Testimony of the mother of accused as to his physical condition, owing to illness, as explaining why he did not take the stand, held properly excluded.-Joseph v. State (Tex. Cr. App.) 171.

§ 391. In a prosecution for murder, testimony of physicians as to having attended defendant when he was suffering from a severe attack of pneumonia was inadmissible.-Joseph v. State (Tex. Cr. App.) 171.

§ 392. In a prosecution for manslaughter, held error to allow the district attorney to elicit certain facts from accused on cross-examination.-Askew v. State (Tex. Cr. App.) 1037.

$396. Where a part of a conversation with accused has been admitted in evidence, the adverse party may, under White's Ann. Code Cr. Carter v. State (Tex. Cr. App.) 215. Proc. art. 791, prove the entire conversation.

(E) Best and Secondary and Demonstra

tive Evidence.

§ 400. In view of Code Cr. Proc. 1895, arts. 37, 630, testimony of one other than the prose

(B) Facts in Issue and Relevant to Issues, cuting attorney as to why former prosecutions

and Res Gestæ.

§ 338. In a prosecution for homicide, a motion of the district attorney dismissing the indictment as to persons other than accused held inadmissible in evidence.-Figaroa v. State (Tex. Cr. App.) 193.

§ 354. Where accused relied on insanity, the inquest of lunacy held admissible.-Smedley v. Commonwealth (Ky.) 485.

354. On an issue as to insanity of accused, evidence as to his general reputation was inadmissible.-Wilson v. State (Tex. Cr. App.) 548. § 363. In a burglary case, certain evidence held admissible as part of the res gestæ.-Kubacak v. State (Tex. Cr. App.) 836.

§ 364. In a trial for burglary, a statement made by accused soon after he was shot down by prosecuting witness held admissible as a res gestæ statement.-Bronson v. State (Tex. Cr. App.) 175.

§ 364. A res gestæ statement made by accused was admissible as such, notwithstanding

it was inadmissible as a confession or admission.-Bronson v. State (Tex. Cr. App.) 175.

of accused had been dismissed held inadmissi ble.-Diseren v. State (Tex. Cr. App.) 1038.

§ 404. On a trial for homicide the clothing worn by a witness shot at the time of the homicide held relevant.-Milo v. State (Tex. Cr. App.) 1025.

(F) Admissions, Declarations, and Hear

say.

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$ 417. On a trial for larceny, the act of a constable in watching the property alleged to have been stolen held inadmissible.-Richards v. State (Tex. Cr. App.) 823.

§ 364. Certain statements made by defend-idence as to prosecution of another person who

ant and his companions 15 minutes after the shooting held inadmissible as res gestæ.-Deneaner v. State (Tex. Cr. App.) 201.

§ 366. A statement of deceased, written after he was wounded. held admissible in a prosecution for his murder as part of the res gesta on proof that it was written directly after he was wounded.-Figaroa v. State (Tex. Cr. App.) 193.

§ 366. Statements by the person injured on a trial for homicide held admissible as a part of the res gestæ.-Wynne v. State (Tex. Cr. App.) 213.

$368. Statements by third person on a trial for homicide held admissible as a part of the res gestæ.-Wynne v. State (Tex. Cr. App.) 213. (C) Other Offenses, and Character of Accused.

Impeachment of accused as witness by proving accusation or conviction of other crime, see Witnesses, § 345.

(D) Materiality and Competency in General.

§ 386. On a trial for forgery of a time check for services for a railroad, evidence of a conversation over the telephone with one who represented himself to be accused, relating to the cashing of the check, held admissible.Evans v. State (Ark.) 743.

§§ 419, 420. In a prosecution for murder, evwas indicted with accused, but against whom the indictment was subsequently dismissed, showing the indictment of the other person for another offense, held inadmissible.-Figaroa v. State (Tex. Cr. App.) 193.

(G) Acts and Declarations of Conspirators

and Codefendants.

§ 422. Where a conspiracy has been formed,
the acts and declarations of a conspirator are
admissible against the co-conspirators until the
Milo v. State (Tex. Čr. App.) 1025.
object of the conspiracy has been accomplished.

(H) Documentary Evidence and Exclusion
of Parol Evidence Thereby.
Use of writings to refresh memory of witness,
see Witnesses, §§ 254, 255.

§ 433. In a prosecution for killing one who was a rival candidate of accused for the nom

ination to the Legislature, held error to admit in evidence a telegram sent by accused, marked so as to indicate that it was sent free, as evidence of that fact on the question of accused's breach of his promise in a previous campaign not to receive corporate favors, which promise decedent charged he had broken.-Gaines v. State (Tex. Cr. App.) 181.

(I) Opinion Evidence.

451. One on trial for seduction may not testify that from a conversation had with third

persons he inferred that they had had intercourse with prosecutrix.-Carter v. State (Tex. Cr. App.) 215.

(J) Testimony of Accomplices and Codefendants.

Corroboration of testimony of female in prosecution for seduction, see Seduction, § 46. $507. Purchasers of intoxicating liquors are not accomplices in violating the law with the seller thereof.-Trinkle v. State (Tex. Cr. App.) 1060.

(K) Confessions.

Retroactive operation of laws relating to confessions, see Statutes, § 267.

§ 518. In a trial for burglary, a confession of accused, made without warning, while he was in the actual custody of prosecuting witness, held inadmissible.-Bronson v. State (Tex. Cr. App.) 175.

$529. A confession reduced to writing by a justice of the peace and sworn to by accused is admissible when made voluntarily.-Harshaw v. State (Ark.) 745.

$535. Under Kirby's Dig. § 2385, the corpus delicti need not be established by evidence entirely independent of the confession before the confession is admissible. Harshaw v. State (Ark.) 745.

$535. In a prosecution for infanticide, evidence in addition to defendant's confession held insufficient to establish the corpus delicti.-Ellison v. State (Tex. Cr. App.) 542.

(L) Evidence at Preliminary Examination

or at Former Trial.

Competency to impeach witness by showing inconsistent statements, see Witnesses, § 393.

(M) Weight and Sufficiency.

Credibility, impeachment, corroboration, and contradiction of witnesses, see Witnesses, §§ 318-404.

In particular criminal prosecutions. See Burglary, & 41; Disorderly House, § 17; Gaming, 98; Homicide, $8 253, 254; Lar ceny, 55; Lewdness, § 10; Seduction, §§ 45, 46.

For going on highway while ill with smallpox, see Health, § 41.

For violation of quarantine regulations, see Animals, § 36.

Violations of liquor laws, see Intoxicating Liquors, § 236.

$564. The venue must be proved by direct testimony or by such circumstances that the same may be inferred.-State v. Alford (Mo. App.) 109.

$570. There was no error in charging that insanity must be clearly proved to authorize the jury to find that question in favor of accused.-Wilson v. State (Tex. Cr. App.) 548.

XI. TIME OF TRIAL AND CONTINUANCE.

8 590. The refusal to grant a continuance on the ground of the unpreparedness of accused for trial held erroneous.-Smedley v. Commonwealth (Ky.) 485.

§ 595. On a trial for theft, a continuance will not be granted, where absent witnesses were only expected to prove defendant's good character for honesty.-Bronson v. State (Tex. Cr. App.) 175.

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§ 597. A continuance for an absent witness held properly denied.-Mays v. State (Tex. Cr. App.) 546.

§ 603. An affidavit for a continuance held insufficient to put the court in error for denying it in the exercise of discretion vested by Cr. Code Prac. § 189.-Ferrell v. Commonwealth (Ky.) 162.

§ 603. An application for a continuance on the ground of absence of a witness, which does not show that it was not made for delay, is properly denied.-Wynne v. State (Tex. Cr. App.) 213.

§ 603. An application for a continuance for absence of a witness held properly refused for failure to state the facts to which the witness would testify.-Hinman v. State (Tex. Cr. App.) 221.

§ 603. An application for a continuance held properly refused because of the failure to sufficiently specify the facts to which the witness would testify.-Hinman v. State (Tex. Cr. App.) 221.

§ 603. An application for a continuance for an absent witness in a criminal case held not sufficient to show diligence.-Smalley v. State (Tex. Cr. App.) 225.

§ 603. In a prosecution for rape, an application for a continuance held insufficient.-Bussey v. State (Tex. Cr. App.) 1035.

XII. TRIAL.

Competency of and challenge to jurors, see Jury, $$ 95, 97. Summoning attendance, discharge, and compensation of jurors, see Jury, §§ 58, 70.

In particular criminal prosecutions. See Abduction, § 16; Burglary. §§ 45, 46; Homicide, §§ 286-309; Rape, § 59; Seduction, $ 50.

For violation of quarantine regulations, see Animals, § 36.

Violations of liquor laws, see Intoxicating Liquors, $238, 239.

(A) Preliminary Proceedings.

§ 624. Where the jury was impaneled to try a special issue of insanity, which was afterwards withdrawn and tried under the general plea of not guilty by the same jury, held not to present a matter for which a conviction should be reversed.-Wilson v. State (Tex. Cr. App.) 548.

(B) Course and Conduct of Trial in. General.

$656. The remark of the court on overruling objections to questions put to a witness on redirect examination held not a comment on the weight of the evidence, in violation of the statute.-Milo v. State (Tex. Cr. App.) 1025.

(C) Reception of Evidence. Examination of witnesses, see Witnesses, §§ 240269.

(E) Arguments and Conduct of Counsel. § 706. An act of the prosecuting attorney

§ 596. A continuance on the ground of ab-held misconduct necessitating a reversal.-May sence of a witness, whose testimony will be of v. State (Tex. Cr. App.) 832. impeaching character only, is properly denied.

-Wynne v. State (Tex. Cr. App.) 213.

§ 7212. The mere absence of witnesses from a trial should not be used against an accused

person, unless he was instrumental in some
way in keeping them away.-Askew v. State
(Tex. Cr. App.) 1037.

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

In particular criminal prosecutions.

See Burglary, § 45.

For failure to provide closet at railroad station,
see Railroads, § 255.

For violation of quarantine regulations, see
Animals, § 36.

Violations of liquor laws, see Intoxicating Liq-
uors, § 238.

§ 741. Where there is any evidence to con-
nect accused with the commission of the crime,

the case is for the jury.-Ferrell v. Common-
wealth (Ky.) 162.

§ 742. The credibility of witnesses is for the
jury.-James v. State (Årk.) 733.

§ 742. In a prosecution for the bribery of a
witness, evidence held insufficient to show that
the witness was an accomplice of accused so as
to take the question to the jury.-Smalley v.
State (Tex. Cr. App.) 225.

§ 761. An instruction held erroneous as as-
suming that defendant was engaged in the sale
of intoxicating liquors.-State v. Sullinger (Mo.
App.) 922.

§ 761. On a trial for larceny, an instruction
held not erroneous as assuming a disputed fact.
-Richards v. State (Tex. Cr. App.) 823.

§ 763, 764. An instruction as to the effect of
evidence showing the indictment of a person oth-
er than the accused held erroneous.-Figaroa v.
State (Tex. Cr. App.) 193.

§§ 763, 764. In a prosecution for homicide,
an instruction held not objectionable as on the
weight of the evidence, nor as intimating that
a conspiracy existed between accused and his
companions.-Deneaner v. State (Tex. Cr. App.)

201.

(G) Necessity, Requisites, and Sufficiency
of Instructions.

In particular criminal prosecutions.
See Burglary, § 46; Homicide, §§ 286-309;
Rape, § 59; Seduction, § 50.
Violations of liquor laws, see Intoxicating Liq-
uors, § 239.

§ 783. An instruction as to the effect of evi-
dence showing the indictment of a person other
than the accused held erroneous.-Figaroa v.
State (Tex. Cr. App.) 193.

§ 784. An instruction on circumstantial evi-
dence held sufficient.-State v. Hillman (Mo.
App.) 102.

§ 784. An instruction as to circumstantial ev-
idence held proper.-Moseley v. State (Tex. Cr.
App.) 178.

§ 784. A court is not required to charge on
circumstantial evidence unless the evidence is
wholly circumstantial.-Boswell v. State (Tex.
Cr. App.) 820.

§ 789. An instruction in a homicide case held
not erroneous in view of the other instructions.
-Wynne v. State (Tex. Cr. App.) 213.

§ 792. A charge held to sufficiently submit
the law on the subject of principals.-Lott v.
State (Tex. Gr. App.) 191.

$ 792. In a prosecution for violation of the
local option law, it is not essential to give a
charge on the subject of principals.-Lott v.
State (Tex. Cr. App.) 191.

$792. A charge on principals held objection-
able as authorizing a finding on evidence of aid
by words or gestures.-Deneaner v. State (Tex.
Cr. App.) 201.

§ 807. On a trial for violating the local op-
tion law, the error in instruction improperly
commenting on the evidence, held reversible.-
State v. Fleetwood (Mo. App.) 934.

§ 810. On a trial for selling intoxicating liq-
uors, certain instructions held erroneous.-State
v. Fellers (Mo. App.) 95.

fendant's employ sold liquors in quantities less
§ 814. An instruction that, if any one in de-
held inapplicable to the evidence.-State v. Sul-
than three gallons, defendant would be guilty,
linger (Mo. App.) 922.

§ 814. In a burglary case, a charge held prop-
erly refused, as not supported by evidence.-
Mays v. State (Tex. Cr. App.) 546.

tial evidence held proper.-Bass v. State (Tex.
§ 814. The refusal to charge on circumstan-
Cr. App.) 1020.

§ 814. A charge in a prosecution for burg-
lary held improper, because not conforming to
the facts.-Diseren v. State (Tex. Cr. App.)
1038.

§ 822. The instructions in a criminal case
must be considered as a whole to determine
their sufficiency. Carter v. State (Tex. Cr.
App.) 215.

(H) Requests for Instructions.

§ 824. Failure of the court to instruct as to
whether defendant was keeper of a bawdyhouse
to take into consideration the fact that she was
a married woman living with her husband was
State v. Keithley (Mo. App.) 406.
not error, because no request therefor was made.

$825. The court having properly defined a
bawdyhouse, if defendant wished it to define the
keeper of such house, an instruction should
have been requested.-State v. Keithley (Mo.
App.) 406.

§ 825. Where the instructions submitted the
more accurate charges, must ask special charges.
issues in substantial fairness, accused, desiring
-Hamilton v. State (Tex. Cr. App.) 212.

$829. Accused was not prejudiced by the
failure to give an instruction, the substance of
which was covered by the instructions given.-
Quertermous v. State (Ark.) 951.

§ 829. It was not error to refuse a special
charge, where another requested charge given
covered every issue made by the testimony.-
McNary v. State (Tex. Cr. App.) 180.

§ 829. A requested charge held properly re-
fused, as sufficiently covered by another charge
given.-Mays v. State (Tex. Cr. App.) 546.
(J) Custody, Conduct, and Deliberations
of Jury.

§ 858. On a trial for forgery, the court held
authorized to permit the jury to take with
them to the jury room the forged instrument.-
Harshaw v. State (Ark.) 745.

§ 863. In a prosecution for forgery in passing
a forged instrument, an instruction that such
charges constituted separate offenses held not
error.-Boswell v. State (Tex. Cr. App.) 820.

XIII. MOTIONS FOR NEW TRIAL
AND IN ARREST.

§ 912. Accused held entitled to a new trial
for disqualification of a juror after notice of
appeal, unless the trial court had lost jurisdic-
tion.-Bundick v. State (Tex. Cr. App.) 543.

§ 917. Under White's Ann. Code Cr. Proc.
art. 597, subd. 6, when a motion for new trial
raises grounds assigned in the application for
continuance, the truth of its allegations are to
be considered in connection with evidence at
the trial.-Bronson v. State (Tex. Cr. App.) 175.

§ 923. What a juror said when leaving for
the courthouse as to the likelihood of his being

taken on the jury held not to indicate prejudice, | vantage of by exceptions saved in the ordinary
so that there was no error in refusing a new
trial therefor.-Joseph v. State (Tex. Cr. App.)
171.

§ 925. The fact that a conviction was brought
about by the argument that after conviction ac-
cused would have an opportunity to seek a new
trial, before the trial court and on appeal, held
not misconduct calling for a new trial.-Rich-
ards v. State (Tex. Cr. App.) 823.

way, notwithstanding Laws 1901, p. 140 (Ann.
St. 1906, § 2627).-State v. Holden (Mo. App.)
399.

§ 1056. Code Cr. Proc. 1895, art. 723, does
not require an exception at the trial in order
to entitle accused to a review of an instruction
authorizing a conviction for an offense not
charged.-Grant v. State (Tex. Cr. App.) 173.

$ 1059. Exceptions presented in a motion for
$9252. The act of a minority of the jury in new trial, based on error in the charge as to
bringing about a conviction by an argument re- various subjects, held too general to be consid-
ferring to the failure of accused to testify heldered on appeal.-Joseph v. State (Tex. Cr. App.)
misconduct justifying a setting aside of the 171.
conviction.-Richards v. State (Tex. Cr. App.)

823.

§ 930. The mere fact that, on a trial for
the murder of a teacher, the school adjourned
and attended a part of the trial, held not to
require a reversal of the conviction.-Long v.
State (Tex. Cr. App.) 551.

§ 954. A motion for a new trial held too gen-
eral to be considered.-Kubacak v. State (Tex.
Cr. App.) 836.

$ 959. The right of a county attorney to con-
test a motion for a new trial stated.-Johnson
v. State (Tex. Cr. App.) 559.

XV. APPEAL AND ERROR, AND
CERTIORARI.

(A) Form of Remedy, Jurisdiction, and
Right of Review.

$1020. The Court of Criminal Appeals held
without jurisdiction of an appeal from a convic-
tion.-May v. State (Tex. Cr. App.) 832.

§ 1023. Under Cr. Code Prac. § 281, an or-
der quashing the indictment cannot be reviewed.
-Commonwealth v. McInerney (Ky.) 500.

§ 1024. The state cannot appeal from a judg-
ment overruling a demurrer to a plea in abate-
ment on the ground that it was not returned
in open court, and sustaining the plea.-State v.
McCollum (Mo. App.) 921.

1024. The state may not appeal from an
order sustaining a plea in abatement to an in-
dictment.-State v. Lawson (Mo. App.) 925.
(B) Presentation and Reservation in Low-
er Court of Grounds of Review.

See Homicide, §§ 325-340.

$1036. Accused cannot complain on appeal
of the admission of evidence not objected to be-
low.-Wynne v. State (Tex. Cr. App.) 213.

§1037. A request for a charge to disregard
held necessary, that improper remarks of the
district attorney may be complained of.-Felder
v. State (Tex. Cr. App.) 1055.

§ 1038. Criticisms of the charge not called
to the attention of the trial court cannot be
considered on appeal.-Hinman v. State (Tex.
Cr. App.) 221.

$ 1038. The court will not review errors of
omission in instructions in misdemeanor cases,
in absence of a requested charge to supply the
omission.-Elliott v. State (Tex. Cr. App.) 547.
§ 1038. A defendant charged with a misde-
meanor cannot complain of instructions unless
he has requested special charges in the trial
court.-Kosmoroski v. State (Tex. Cr. App.)

1056.

§ 1043. An objection to the admission of cer-
tain evidence held without merit.-Lott v. State
(Tex. Cr. App.) 191.

§ 1053. Refusal to allow a challenge of a ju-
ror for cause held not reviewable, where no ex-
ception was taken to the ruling.-State v. Wing-
field (Mo. App.) 95.

§ 1056. The failure to charge on a question
in a misdemeanor case can only be taken ad-

(C) Proceedings for Transfer of Cause,
and Effect Thereof.

the jurisdiction of the lower court stated, under
§ 1083. Effect of filing notice of appeal on
White's Ann. Code Cr. Proc. arts. 879, 884.-
Bundick v. State (Tex. Cr. App.) 543.

(D) Record and Proceedings Not in Rec-
ord.

Disobedience to subpoena to testify on settle-
ment of bill of exceptions as contempt, see
Witnesses, § 21.

§ 1087. Under Acts 30th Leg. c. 24, § 5, held
that for the statement of facts on appeal in a
felony case, consisting of a verbatim report of
the evidence, to be considered, the record must
show the trial judge considered a statement in
such form necessary.-Felder v. State (Tex. Cr.
App.) 1055.

§ 1090. Where the certificate of the clerk to
the transcript shows that no bill of exceptions
was ever filed, matters of exception are not be-
fore the court for review.-State v. Chambers
(Mo. App.) 383.

§ 1090. In absence of a bill of exceptions,
the court cannot consider error in not allowing
accused a certain time to prepare for trial.-
Elliott v. State (Tex. Cr. App.) 547.

§ 1090. In absence of a bill of exceptions and
statement of facts, the Court of Criminal Ap-
peals cannot consider alleged error in a charge.
-Olive v. State (Tex. Cr. App.) 550.

§ 1090. In the absence of a statement of
facts or bill of exceptions, the judgment must
be affirmed. Rutherford v. State (Tex. Cr.
App.) 551.

§ 1090. The failure in the charge to apply
the law to the facts will not justify a reversal
of the conviction where there is no bill of ex-
ceptions taken at the time excepting to the
charge on that ground.-May v. State (Tex. Cr.
App.) 832.

§ 1090. Where the record on a criminal ap-
peal does not contain a statement of facts or
bill of exceptions, the refusal to give requested
instructions cannot be reviewed.-Nelson
State (Tex. Cr. App.) 1020.

V.

§ 1091. On a trial for seduction, the allow-
ance of a leading question put to prosecutrix
held not shown to be erroneous by the bill of
exceptions.-Carter v. State (Tex. Cr. App.) 215.
§ 1091. A bill of exceptions taken to leading
questions held required to show affirmatively
that the questions did not fall within any of the
exceptions to the rule excluding leading ques-
tions.-Carter v. State (Tex. Cr. App.) 215.

witness cannot be considered, if it does not
$ 1091. A bill of exception to a question to
show what the answer was, if answered.-Wil-
son v. State (Tex. Cr. App.) 548.

support of the reputation of a state's witness
§ 1091. A bill of exceptions to evidence in
held insufficient for failure to show that the
witness' reputation had not been attacked.-
Edgar v. State (Tex. Cr. App.) 1053.

§ 1092. Where the hearing of a motion for a | abused its discretion.-State v. Armstrong (Mo. new trial was continued to the succeeding term, App.) 93. during which it was determined and 30 days granted to file a bill of exceptions, the filing of the bill within that time held not authorized by Acts 1899, c. 40.-Rinehart v. State (Tenn.) 445. $1092. The rule that a bill of exceptions filed after the close of the term is too late was modified by Acts_1899, c. 275, § 1.—Rinehart v. State (Tenn.) 445.

§ 1092. Where accused is not satisfied with the bill of exceptions, as qualified by the court, he should attack it by bystanders.-Long v. State (Tex. Cr. App.) 551.

§ 1092. Bills of exceptions taken by accused not signed by the judge will not be considered.Boswell v. State (Tex. Cr. App.) 820.

§ 1094. In absence of a bill of exceptions, or a ground in the motion for new trial urging defects in a charge, a conviction cannot be reversed therefor.-Joseph v. State (Tex. Cr. App.)

171.

§ 1097. One prosecuting his appeal in a criminal case has, under the statute, a right to a statement of facts certified as required by law and sent up with the record.-Shaffer v. State (Tex. Cr. App.) 207.

§ 1099. A statement of acts not approved and signed by the trial judge cannot be considered on appeal.-Shaffer v. State (Tex. Cr. App.) 206.

§ 1099. The court on appeal will reverse a conviction where accused was deprived, without his fault, of a statement of acts.-Shaffer v. State (Tex. Cr. App.) 206.

§ 1099. The court on appeal held required to reverse a judgment of conviction, where accused was deprived without his fault of a statement of facts.-Shaffer v. State (Tex. Cr. App.) 207. § 1099. A statement of facts on appeal will not be considered when not filed within the time allowed.-Ewing v. State (Tex. Cr. App.) 835.

§ 1124. A general bill of exceptions to the denial of a new trial held not to bring up for review the denial of a continuance.-Milo v. State (Tex. Cr. App.) 1025.

(F) Dismissal, Hearing, and Rehearing. § 1132. The hearing of an appeal in a homicide case held not to be advanced for hearing by the Court of Criminal Appeals.-Gaines v. State (Tex. Cr. App.) 181.

§ 1133. The rule that matters not raised by counsel in their brief on the submission of a case will not be considered on a petition for rehearing does not apply in felony cases.-Quertermous v. State (Ark.) 951.

(G) Review.

In prosecutions for homicide, see Homicide, §§ 338, 340.

§ 1134. The issue made by the motion of the state for rehearing and certiorari held jurisdictional and within the power of the court to determine.-May v. State (Tex. Cr. App.) 832.

§ 1137. Accused cannot complain of invited error resulting from the court giving an instruction at his request.-Wynne v. State (Tex. Cr. App.) 213.

§ 1149. The action of the trial court in granting or refusing a bill of particulars is reviewable on appeal and subject to review where the trial court abused its discretion.-Smedley v. Commonwealth (Ky.) 485.

§ 1151. Under White's Ann. Code Cr. Proc. art. 597, subd. 6, refusal of a new trial on the ground that an application for continuance was improperly overruled will not be revised, unless an abuse of discretion appears.-Bronson v. State (Tex. Cr. App.) 175.

§ 1151. The granting of a continuance to procure absent witnesses is peculiarly within the trial court's discretion, and the appellate court will not interfere, in absence of a clear. abuse thereof.-Trinkle v. State (Tex. Cr. App.) 1060.

§ 1159. A verdict on conflicting evidence will not be disturbed.-Quertermous v. State (Ark.) 951: Smith v. Commonwealth (Ky.) 790; State v. Helton (Mo. App.) 595; Carter v. State (Tex. Cr. App.) 215; Long v. Same (Tex. Cr. App.) 551; Johnson v. Same (Tex. Cr. App.) 559. nect accused with the commission of the crime, § 1159. Where there is any evidence to conthe verdict will not be disturbed on appeal, unless flagrantly against the evidence.-Ferrell v. Commonwealth (Ky.) 162.

Court of Appeals had no jurisdiction to re§ 1159. Under Cr. Code Prac. & 340, the verse a conviction for lack of evidence, unless there is no evidence of guilt.-Pinkston v. Commonwealth (Ky.) 493.

§ 1159. Where the question whether accused intended to sell whisky or not was for the jury, and the issue was fairly presented, the verdict will not be disturbed on appeal.-McNary v. State (Tex. Cr. App.) 180.

§ 1159. The credibility of a state's witness was for the jury in the trial court.-Trinkle v. State (Tex. Čr. App.) 1060.

§ 1160. Where there is evidence in the record to sustain the verdict, the appellate court will not, merely because of impeaching testimony, set aside the action of the trial court, affirming a verdict assessing defendant's guilt.Pratt v. State (Tex. Cr. App.) 827.

error

which is not prejudicial.-James v. State (Ark.)
§ 1162. One cannot complain of an
733.

§ 1163. An instruction improperly commenting on the evidence is ground for reversal.State v. Fleetwood (Mo. App.) 934.

fied held not available where peremptory chal§ 1163. The error in holding a juror qualilenges were not exhausted.-Bass v. State (Tex. Cr. App.) 1020.

§ 1163. The bill of exceptions complaining of the admission of evidence should exemplify the record sufficiently to show how the introduction of the evidence could prejudice accused.-Milo v. State (Tex. Cr. App.) 1025.

§ 1166. That the report of jury commissioners, giving the names of the panel of grand jurors for the term, was not spread upon the minutes of the court, as required by Acts 1901, c. 124, § 5, was a mere irregularity, which could not prejudice an accused.-Balden v. State (Tenn.) 134.

§ 1166. Denial of a continuance for the absence of a witness held not erroneous.-Hinman v. State (Tex. Cr. App.) 221.

§ 11662. Where no objectionable juror sat in the case, rulings on challenges will not be reviewed on appeal.-Long v. State (Tex. Cr. App.) 551.

§ 1168. Error in permitting the state's attorney to ask witnesses on cross-examination if it was not a fact that accused was reputed to be a gambler was harmless; the witnesses answering in the negative.-James v. State (Ark.) 733.

§ 1151. Denial of a continuance on the ground of the physical condition of accused will not be disturbed on appeal, unless the court

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