I. POWER TO REGULATE IN GENERAL.
8 (7) (Ala.) Liability arising out of inter-
state messages stated.-Ex parte Priester, 102
So. 376.
10 (La.) Till Congress acts, state can fix
rates for interstate ferry.-McNeely v. Town of
Vidalia, 102 So. 422.
III. MEANS AND METHODS OF REGULA-
TION.
38 (Fla.) Does not become law if un-
constitutional.-State v. Greer, 102 So. 739.
40 (Fla.) Implied provisions as effective as
express provisions.-State v. Greer, 102 So.
739.
42 (Ala.) Taxpayer can question constitu-
tionality of rule for passing budget bill.-Tayloe
v. Davis, 102 So. 433.
42 (La.) Levee board cannot question con-
stitutionality of act prescribing time for bring-
ing suit to annul patent.-Atchafalaya Land Co.
v. Dibert, Stark & Brown Cypress Co., 102 So.
871.
81 (Miss.) Mississippi consignee may main-
tain attachment suit against nonresident initial 45 (Ala.) Duty of Supreme Court to con-
carrier and connecting carriers handling ship- demn act clearly contrary to Constitution
ments in this state.-Illinois Cent. R. Co. v. mandatory.-Collins v. Hollis, 102 So. 379.
Terry, 102 So. 391.
Cars of nonresident carrier in possession of
connecting carrier doing business here subject
to attachment in action against initial carrier.
COMMISSIONERS.
See Public Service Commissions.
COMMUNITY PROPERTY.
See Husband and Wife, 248-276.
COMPROMISE AND SETTLEMENT.
See Accord and Satisfaction.
5(2) (Ala.App.) One accepting check, re-
citing that it was in full of account, bound by
such condition.-Southern Cotton Oil Co. v.
Currie, 102 So. 149.
6(2) (Ala.App.) Honest "dispute" affords
basis of accord; "satisfaction."-Southern Cot-
ton Oil Co. v. Currie, 102 So. 149.
Payment of less than debtor is liable for not
valid accord and satisfaction, in absence of
bona fide dispute.-Id.
Refusal to pay undisputed claim creates no
dispute sufficient as consideration for compro-
mise. Id.
16(1) (La.) New contract held compromise
and settlement of purchaser's claim for recov-
ery of forfeited payments under old contract.-
Tobey v. Boagni, 102 So. 515.
II. CRIMINAL RESPONSIBILITY.
28 (La.) Conspiracy to commit robbery
complete offense.-State v. Fernandez, 102 So.
186.
(B) Prosecution and Punishment.
43 (5) (La.) Information charging conspir-
acy to rob and actual robbery held to show
overt act.-State v. Fernandez, 102 So. 186.
CONSTITUTIONAL LAW.
See Statutes, 5-125.
45 (Fla.) Can be declared constitutional
or unconstitutional only by courts.-State v.
Greer, 102 So. 739.
46(1) (Ala.) Determination of question of
constitutionality held necessary within rule for
consideration.-Tayloe v. Davis, 102 So. 433.
48 (Ala.) Construed as constitutional, if
reasonably possible.-Ex parte Smith, 102 So.
122.
48 (Ala.) Statute sustained unless clearly
unconstitutional.-Byrd v. State, 102 So. 223.
48 (Ala.App.) Doubts in construction of
statute resolved in favor of constitutionality.—
Barnett v. State, 102 So. 483.
48 (La.) All legislation presumed valid and
fair.-McNeely v. Town of Vidalia, 102 So. 422.
For validity of statutes relating to particular
subjects, see also the various specific topics.87 (Fla.) Bonds sold to bona fide holders
II. CONSTRUCTION, OPERATION, AND EN- after statute authorizing bonds has been ad-
FORCEMENT OF CONSTITUTIONAL
13 (Fla.) Intent of Constitution may be
shown by implications as well as by express
provisions.-State v. Greer, 102 So. 739.
26 (Fla.) Purpose of government stated.-
Cawthon v. Town of De Funiak Springs, 102
judged constitutional are valid, notwithstand-
ing subsequent decision of invalidity; "proper-
ty."-State v. Greer, 102 So. 739.
88 (La.) Provisions determining what con-
stitutes practice of medicine not illegal inter-
ference with right to earn living.-Louisiana
State Board of Medical Examiners v. Cronk,
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
VII. OBLIGATION OF
(A) Powers of States in General.
116 (Fla.) Judicial decisions not "law"
within constitutional provisions as to impair-
ment of contract obligations.-State v. Greer,
102 So. 739.
X. EQUAL PROTECTION OF LAWS.
227 (Ala.) Act authorizing condemning land
for road held not invalid as violating Four-
teenth Amendment.-Harvey v. Warren, 102
So. 899.
230(2) (Ala.) Ordinance, levying license
tax on vehicles used to transport logs, staves,
etc., held to deny equal protection of law.-Ex
parte Smith, 102 So. 122.
249 (La.) Act granting additional remedy
to judgment creditors held not to deny "equal
protection of the laws."-Sealy v. Dussel, 102
So. 581.
XI. DUE PROCESS OF LAW.
266 (Ala.App.) Due process precludes con-
viction, unless state meets burden of proof.-
Frederick v. State, 102 So. 146.
147(3) (Fla.) Court looks to whole of in-
strument to ascertain intention.-Blackshear
Mfg. Co. v. Fralick, 102 So. 753.
152 (Miss.) Unambiguous contract provi-
sions control, in absence of showing of waiv-
er.-Citizens' Lumber Co. v. Netterville, 102
So. 178.
176 (6) (Ala.) Construction of unambigu-
ous correspondence constituting contract held
question for court.-J. Zimmern's Co. v. Gran-
ade, 102 So. 210.
3 (Miss.) Equity could not compel contri-
bution from other children or parent to adult
child who supported parent, in absence of con-
tract.-Wright v. Coleman, 102 So. 774.
4 (Ala.) Contract construed so as to as-
certain parties' intention in determining right
of one paying judgment to contribution from
others.-King v. Price, 102 So. 702.
One jointly liable with assignee and others
for obligations of lease not entitled to contribu-
tion from assignors on paying judgment for
9(6) (Ala.) Judgment against defendants
277 (1) (Fla.) Bonds sold to bona fide hold-held not conclusive evidence of right of one pay-
ers after statute authorizing bonds has been ing it to receive contribution from others.-
adjudged constitutional are valid, notwithstand- King v. Price, 102 So. 702.
ing subsequent decision of invalidity; "prop-
erty."-State v. Greer, 102 So. 739.
280 (Ala.) Act authorizing condemning land
for road held not invalid as violating Four- See Trover and Conversion.
teenth Amendment.-Harvey v. Warren, 102
So. 899.
318 (La.) Opportunity to be heard against
enforcing rates fixed for public service enough
for due process.-McNeely v. Town of Vidalia,
102 So. 422.
II. POWER TO PUNISH, AND PROCEED-
INGS THEREFOR.
56 (La.) Judge's order of arrest for con-
tempt in his presence may be given from bench
or sheriff's office.-State v. Dunnington, 102 So.
478.
Have full authority to arrest for any offense
committed in their presence.-Id.
CONTINUANCE.
See Criminal Law, 586-603.
See Bills and Notes; Champerty and Mainte-
nance; Compromise and Settlement; Guar-
anty; Sales; Specific Performance; Vendor
and Purchaser.
1. REQUISITES AND VALIDITY.
(A) Nature and Essentials in General.
(La.) Obligation toward public not con-
tractual.-Lagrone v. Kansas City Southern Ry.
Co., 102 So. 669.
372 (Ala.) Exercise of powers, increased
by amendment to charter of Tennessee corpo-
ration, not ultra vires under Constitution.-
Alabama Bond & Trust Co. v. National Life
& Accident Ins. Co., 102 So. 615.
(B) Representation of Corporation by Of-
ficers and Agents.
410 (Ala.App.) Conditional sale contract
executed through corporate buyer's president
held not voidable.-Drennen Motor Car Co. v.
Welded Products Co., 102 So. 600.
432 (8) (Ala.) Agency not provable by
statements of alleged agent.-Burch v. Ingham
Lumber Co., 102 So. 19.
VIII. INSOLVENCY AND RECEIVERS.
53 (Ala.App.) Hardship on one of parties
alone insufficient to invalidate contract.-Dren-560(5) (La.) Property must be sold for
nen Motor Car Co. v. Welded Products Co.,
102 So. 600.
(E) Validity of Assent.
94 (1) (La.) "Fraud," as applied to con-
tracts, defined.-Strauss v. Insurance Co. of
North America, 102 So. 861.
II. CONSTRUCTION AND OPERATION.
(A) General Rules of Construction.
143 (Miss.) Meaning of contract to be de-
termined from contract as whole.-Lampkin v.
Heard, 102 So. 565.
not less than two-thirds of appraised value.-
Killeen v. Boland, Gschwind Co., 102 So. 672.
XII. FOREIGN CORPORATIONS.
633 (Ala.) Evidence held to show defend-
ant was foreign corporation.-Burch v. Ingham
Lumber Co., 102 So. 19.
665 (4) (Ala.) Location of corporation's
principal place of business relevant to issues
on its plea to jurisdiction.-Burch v. Ingham
Lumber Co., 102 So. 19.
668 (7) (Ala.) Service on officer of corpo-
ration unofficially within state invalid.-Burch
v. Ingham Lumber Co., 102 So. 19.
147(1) (Ala.) Must be given effect accord-
ing to intention of parties.-McConnell-White-672 (4) (Ala.) Pleas of invalidity of condi-
Terry Realty & Insurance Co. v. Fidelity & De- tional contract of sale for plaintiff's noncom-
pliance with statutory requirements of foreign
posit Co. of Maryland, 102 So. 617.
I. NATURE, EXTENT, AND EXERCISE OF
JURISDICTION IN GENERAL.
12(2) (Miss.) Chancery court cannot try
claimant's issue against nonresident who does
not voluntarily appear or who has not been per-
sonally served with process.-Delta Insurance
& Realty Agency v. Fourth Nat. Bank, 102 So.
846.
32 (La.) Jurisdiction of court must affirma-
tively appear.-Nylka Land Co. v. City of New
Orleans, 102 So. 477.
II. ESTABLISHMENT, ORGANIZATION, AND
PROCEDURE IN GENERAL.
(B) Terms, Vacations, Place and Time of
Holding Court, Courthouses, and Ac-
(D) Rules of Decision, Adjudications,
Opinions, and Records.
91(1) (Ala.App.) Court of Appeals bound
by decisions of state Supreme Court on ques-
tion of liability for error in transmitting inter-
state telegram.-Priester v. Western Union
Telegraph Co., 102 So. 372.
92 (La.) Opinion as to admissibility of in-
voluntary statement or disclosure of where
evidence may be found obiter dictum, where
verdict was annulled for admission of involun-
tary confession.-State v. Simpson, 102 So.
810.
mitting unrepeated interstate telegram deter-
mined by federal court decisions.-Id.
97(5) (Ala.App.) Court of Appeals bound
by decisions of federal courts on question of
liability for error in transmitting interstate
telegram.-Priester v. Western Union Tele-
graph Co., 102 So. 372.
100(3) (Fla.) Bonds sold to bona fide hold-
ers after statute authorizing bonds has been
adjudged constitutional are valid, notwithstand-
ing subsequent decision of invalidity.-State v.
Greer, 102 So. 739.
IV. COURTS OF LIMITED OR INFERIOR
JURISDICTION.
160 (La.) Legislature held authorized to es-
tablish municipal courts to enforce municipal
ordinances.-Berry v. Bass, 102 So. 76,
190(2) (La.) Application for rehearing
must be filed within five calendar days following
day on which judgment is rendered.-0. K.
Realty Co. v. John A. Juliani, Inc., 102 So. 399.
V. COURTS OF PROBATE JURISDICTION.
198 (La.) Civil district court has general
civil jurisdiction not divided into probate and
civil sides. Succession of Kelly, 102 So. 678.
Civil district court of parish of Orleans hav-
ing jurisdiction of all proceedings partitioning
property therein, it is immaterial whether suc-
cession open or closed.-Id.
VI. COURTS OF APPELLATE JURIS-
(A) Grounds of Jurisdiction in General.
207 (1) (La.) Supreme Court has super-
visory jurisdiction of order discharging prison-
er under writ of habeas corpus in extradition
proceeding.-State ex rel. Covington v. Hughes,
102 So. 824.
207(4) (La.) Petition for writ to compel
grant of appeal from refusal to enjoin execu-
tion of judgment for less than $2,000 should be
addressed to Court of Appeal.-Paul v. Tabony,
102 So. 503.
(B) Courts of Particular States.
224 (2) (La.) Supreme Court without ju-
risdiction of appeal not involving interpreta-
tion of its judgment in former case of which
instant case is branch.-Succession of Williams,
102 So. 411.
224 (6) (La.) Case appealable to Supreme
Court on question of constitutionality of stat-
ute only when statute is adjudged unconstitu-
tional.-Paul v. Tabony, 102 So. 503.
224(9) (La.) Supreme Court, having no
jurisdiction of appeal, may transfer it to prop-
er court.-Nelson v. Continental Asphalt &
Petroleum Co., 102 So. 583.
224(11) (La.) Test of jurisdiction of Su-
preme Court on appeal in suit between judg-
ment debtor and creditor to enjoin execution of
judgment is amount of judgment.-Succession
of Williams, 102 So. 411.
224(11) (La.) Amount of tax claimed to be
due determines jurisdiction of Supreme Court,
in suit to annul assessment and restrain col-
lection. Nylka Land Co. v. City of New Or-
leans, 102 So. 477.
224(11) (La.) Amount admitted due de-
ducted from amount claimed in determining
amount in controversy.-Nelson v. Continental
Asphalt & Petroleum Co., 102 So. 583.
Appeal not within jurisdiction of Supreme
Court, where amount claimed reduced by ad-
missions to amount not to exceed $2,000, ex-
clusive of interest.-Id.
VII. UNITED STATES COURTS.
(G) Supreme Court.
393 (La.) Refusal of highest court of state
to discharge defendant on habeas corpus "final
judgment" for purpose of review by federal
Supreme Court.-State ex rel. Covington v.
97(1) (Ala.) Liability arising out of inter-
state messages determined by federal court de-
cisions. Ex parte Priester, 102 So. 376.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
3972 [New, vol. 9A Key-No. Series]
(La.) Judgment of state Supreme Court if 170 (Ala.App.) Finding and return of in-
adverse to privileges or immunities of a fu- dictment does not constitute former jeopardy.
gitive is reviewable by United States Supreme -Aldridge v. State, 102 So. 785.
Court on certiorari.-State ex rel. Covington
v. Hughes, 102 So. 824.
480(1) (La.) Where value of property
seized was beyond jurisdiction of court, injunc-
tion may be obtained from court having juris-
diction of amount involved.-San-I-Baker Cor-
poration v. Magendie, 102 So. 821.
202 (3) (Ala.App.) Testimony concerning
former conviction for possessing whisky irrel-
evant.-Nobles v. State, 102 So. 148.
202(6) (Ala.) Conviction for contributing
to delinquency of girl not defense to prosecu-
tion for refusal to support child, on ground of
former jeopardy.-Ex parte Newsome, 102 So.
216.
VIII. PRELIMINARY COMPLAINT, AFFI-
DAVIT, WARRANT, EXAMINATION,
COMMITMENT, AND SUMMARY
TRIAL.
486 (La.) Party prevented by excess of
claim from going before court of limited juris-248 (Ala.App.) Act as to appeals from re-
diction to contest rank with another creditor, corders' courts in certain cities not repealed.
can compel his adversary to come into higher-Hall v. City of Birmingham, 102 So. 732.
court.-San-I-Baker Corporation v. Magendie,
102 So. 821.
487(1) (La.) Supreme Court must decline
to entertain appeal of which it has no jurisdic-
tion, though no motion made to dismiss or to
transfer.-Nelson v. Continental Asphalt & Pe-
troleum Co., 102 So. 583.
of affidavit should be raised by demurrer; if
252(1) (Miss.) Defects appearing on face
demurrer does not specify defect, question
cannot be raised after verdict.-Moran v. State,
102 So. 388.
tion on writ of error from municipal court
260(4) (Fla.) Circuit court has jurisdic-
returnable more than 30 days and less than
90 days from date of writ.-Moore v. City of
Tampa, 102 S. W. 766.
(B) State Courts and United States Courts.
489 (9) (Miss.) Right prescribed by Car-260 (7) (Fla.) Indexing records not
mack Amendment to interstate commerce acts quired on writ of error in circuit court.-Moore
enforceable in state courts under state law. v. City of Tampa, 102 So. 766.
Illinois Cent. R. Co. v. Terry, 102 So. 391.
See Affray; Arson; Bail, 49; Burglary;
Conspiracy, 28-43; Extradition; Forgery;
Homicide; Indictment and Information; Lar-
ceny: Obstructing Justice; Perjury; Rape,
59; Receiving Stolen Goods; Sodomy.
II. CAPACITY TO COMMIT AND RESPON-
SIBILITY FOR CRIME.
50 (Fla.) Irresistible impulse held not to
prevail in Florida as excuse for an unlawful
act. Collins v. State, 102 So, 880.
51 (Fla.) Moral insanity held not to pre-
vail in Florida as excuse for an unlawful act
-Collins v. State, 102 So. 880.
260(10) (Fla.) Indexing records and filing
briefs not required on writ of error in circuit
court.-Moore v. City of Tampa, 102 So. 766.
260(13) (Ala.App.) Filing of brief state-
ment by solicitor on appeal to circuit court not
required in prosecution under prohibition law.
-Soutoula v. State, 102 So. 151.
260 (13) (Miss.) Affidavit, charging misde-
meanor before justice of peace, may be amended
on appeal to circuit court.-Moran v. State, 102
So. 388.
261 (1) (Fla.) On trial by 11 jurors with-
offense will be reversed.-Shannon v. State, 102
out arraignment or plea, conviction for capital
So. 829.
54 (La,) Crime not aggravated by drunk-292 (2) (Ala.App.) Plea of former convic-
enness of defendant.-State v. Newman, 102 tion held insufficient as not showing identity of
So. 671.
(B) Change of Venue.
126(1) (La.) Contention that popular prej-
udice against accused prevented fair trial held
untenable.-State v. Carricut, 102 So. 98.
Popular prejudice against accused in vici-
nage is ground for change of venue.-Id.
135 (La.) Trial judge must decide question
of venue preliminarily when properly raised.
State v. Hogan, 102 So. 403.
145 (La.) One willing to go to trial before
jury of vicinage cannot thereafter complain, if
trial was otherwise properly had.-State v.
Carricut, 102 So. 98.
offenses.-Wooley v. State, 102 So. 365.
302(4) (Miss.) Nolle prosequi may be al-
lowed to one or more of several counts of in-
dictment, or to part of count on indictment
which is divisible or which charges offense em-
bracing another in itself.-Odom v. State, 102
So. 835.
Nolle prosequi for felony charged by indict-
ment for passing worthless check for more than
$25 disposes of entire indictment.-Id.
X. EVIDENCE.
(A) Judicial Notice, Presumptions, and
Burden of Proof.
317 (Ala.App.) No unfavorable inference
may be drawn from absence of witness whose
evidence is equally accessible to state.-McDan-
iel v. State, 102 So. 788.
335 (Ala.App.) Accused not required to
establish innocence.-Hogland v. State, 102 So.
784.
(B) Facts in Issue and Relevant to Issues,
and Res Gestæ.
338(1) (Ala.App.) Immaterial whether
person not being tried for offense charged had
any business or did any work.-Young v. State,
102 So. 366.
338(1) (La.) Proof of corpus delicti is
admissible.-State v. Gani, 102 So. 319.
338 (6) (Ala.) Admission of letter contain-
ing ex parte recommendations of state witness
held reversible error.-Johnson v. State, 102 | accused, without scientific test as to whether
So. 897.
animal or human blood, not reversible error.
341 (Ala.App.) Personal attitude of per--Hunter v. State, 102 So. 282.
son against whom defendant's witness gave ad-
verse testimony held immaterial.-Young V. (F) Admissions, Declarations, and Hear-
State, 102 So. 366.
Personal feeling between parties not being 406 (7) (Ala.App.) Competent for state to
tried for offense charged held irrelevant.-Id.
342 (Ala.App.) Accused may not testify to prove defendant's admission that whisky found
undisclosed motive for doing unlawful act.-
near his house belonged to him.-Hewitt v.
State, 102 So. 489.
Orr v. State, 102 So. 58.
363 (Ala.) Testimony that leg and toes of bloody ax and exhibiting it to alleged cocon-
407(1) (Ala.) Evidence as to finding of
baby sitting in deceased's lap at time of shoot-spirator, who threatened witness, and that de-
ing were powder burned held admissible as part fendant was present and said nothing, held
of res gestæ.-Satterfield v. State, 102 So. 691. admissible.-Johnson v. State, 102 So. 897.
363 (Ala.App.) Act, to be admissible as 413(1) (Ala.App.) Defendant's
part of "res gestæ," must be incident to or
part of act charged.-Coggins v. State, 102 So.
363 (Ala.App.) Physician's testimony de-
scribing injuries of driver of car with which
defendant collided held relevant as res gestæ, in
prosecution for failing to disclose identity.-
Goodman v. State, 102 So. 486.
statement
held self-serving and not res gesta.-Morgan
as to having voluntarily given up after killing
v. State, 102 So. 236.
Defendant may not make evidence for him-
self after committing act.-Id.
as to fright by deceased's action held properly
413(2) (Ala.App.) Defendant's testimony
363 (Ala.App.) Testimony as to number of excluded.-Morgan v. State, 102 So. 236.
men in automobile in which accused was ar- 419, 420 (1) (Ala.) Testimony that dece-
rested held admissible as part of res gesta.dent had charged defendant with attempts to
Witcher v. State, 102 So. 491.
poison him, held incompetent.-Handley v.
State, 102 So. 628.
363 (Ala.App.) Facts and circumstances 419, 420(1) (Ala.App.) That defendant
and conversation at still held admissible as res
gestæ. Aldridge v. State, 102 So. 785.
had heard that deceased had difficulty with
364(2) (Ala.App.) Acts and statements of others held inadmissible.-Morgan v. State, 102
accused relevant as part of res gestæ.-Pate v.419, 420(1) (Ala.App.) Answer to ques-
So. 236.
State, 102 So. 156.
tions as to admission of guilt by third persons
erly excluded.-Watson v. State, 102 So. 492.
unsworn held within hearsay rule and prop-
419, 420 (1) (Ala.App.) Testimony
identification of accused held hearsay.-McBride
v. State, 102 So. 728.
364(2) (Ala.App.) Defendant's threat
shoot some one, while not res gestæ, held ad-
missible.-Miller v. State, 102 So. 153.
364 (3) (Ala.App.) Defendant's statement
as to having voluntarily given up after killing
held self-serving and not res gestæ.-Morgan
v. State, 102 So. 236.
364 (3) (Ala.App.) In prosecution for driv-
ing away from automobile collision without dis-
closing identity, testimony that defendant one
hour after accident was drunk held inadmissible
as res gestæ. Goodman v. State, 102 So. 486.
368 (1) (Ala.App.) Evidence as part of res
gestæ relevant.-Pate v. State, 102 So. 156.
(C) Other Offenses, and Character of Ac-
cused.
369(1)(La.) Rule as to admissibility of
evidence as to other offense stated.-State v.
Stewart, 102 So. 584.
(D) Materiality and Competency in Gen-
eral.
393(1) (La.) Statement or indication, ob-
tained from accused by threats or violence, as
to location of still and whisky, inadmissible.
-State v. Simpson, 102 So. 810.
394 (La.) Evidence obtained by search
without warrant held admissible.-State
Weaver, 102 So. 81.
419, 420(10) (Ala.) Testimony of witness
as to statements made by him to defendant held
properly excluded, as being immaterial and
hearsay.-Ratliff v. State, 102 So. 621.
(G) Acts and Declarations of Conspirators
and Codefendants.
422 (1) (La.) Statements of one of sever-
al participants admissible as res gestæ.-State
v. Fernandez, 102 So. 186.
423(1) (La.) Declarations by conspirators,
made during existence of conspiracy, admissi-
ble against associates.-State v. Fernandez,
102 So. 186.
427 (3) (La.) Order of proof as to con-
spiracy discretionary with court.-State v. Fer-
nandez, 102 So. 186.
448(3) (Ala.App.) Question as to father-
in-law's opposition to marriage held objection-
able.-Dickey v. State, 102 So. 239.
V.448 (3) (Ala.App.) Objection to question
calling for testimony of mental cognition of an-
other properly sustained.-Young v. State, 102
So. 366.
394 (Miss.) Affidavit and search warrant
on which prosecutions for unlawful manufac-
ture or sale based must be offered or loss or
destruction, shown.-Nelson v. State, 102 So.
166.
Evidence obtained by federal prohibition
agents under search warrant issued by justice
of peace inadmissible unless affidavit and war-
rant valid.-Id.
394 (Miss.) Evidence secured by execution
of search warrant after return day
sible.-Taylor v. State, 102 So. 267.
448 (11) (Ala.App.) Conclusion that de-
fendant worked at still held competent, as
shorthand rendering of fact.-Smith v. State,
102 So. 733.
448 (14) (Ala.App.) Questions as to why
defendant's wife left him held improper, as
calling for mere opinions and conclusions.-
Dickey v. State, 102 So. 239.
inadmis-449(2) (Ala.App.) Testimony as to what
defendant was looking for at witness' house on
morning of liquor raid held inadmissible as a
conclusion.-Williamson v. State, 102 So. 485.
451 (1) (Ala.App.) Testimony that hole
through cornstalk "looked like a bullet" held
admissible.-Miller v. State, 102 So. 153.
(E) Best and Secondary and Demonstra-
404(4) (Ala.App.) Shirt worn by person
at time he was shot held admissible.-Miller v.
State. 102 So. 153.
404 (4) (Ala.App.) Jugs, can, and parts of
still held admissible in prosecution for manu-
facturing.-Zorn v. State, 102 So. 722.
404(4) (Miss.) Ordinarily introduction of
451(1) (Ala.App.) Inference may be stated
without facts necessarily involved.-Dickey v.
State, 102 So. 239.
451(4) (Ala.App.) Question as to how de-
fendant treated wife held not to call for conclu.
|