1. TO COMPEL A RECONVEYANCE OF PROPERTY OBTAINED BY FRAUD. — If a
corporation is induced by the fraudulent representations of a part of its
stockholders to make a conveyance of its property, and the grantee, in
pursuance of a previous arrangement, conveys the property to the
stockholders who committed the fraud, the innocent stockholders can-
not maintain an action in equity to compel a conveyance to them of
such portion of the property as they owned of the stock of the corpor-
ation. Gorham v. Gilson, 480.
2. Query? Could the innocent stockholders maintain an action against those
committing the fraud for damages? Id.
3. Query? Would equity compel a reconveyance of the property to the corpor-
ation in an action in the name of the corporation, or if the corporation
refused to act in an action commenced in the name of the innocent
stockholders in which the corporation was made a party defendant? Id.
4. EVIDENCE OF ACTING AS A CORPORATION.-Upon a trial for forging a draft
on a corporation, evidence that it was acting as a corporation is sufficient.
People v. Frank, 507.
1. REVIEW OF ORDER DENYING COSTS.-An error of the Court in refusing to
allow a party costs cannot be reviewed on an appeal from an order deny-
ing a new trial. Stevenson v. Smith, 102.
2. COSTS OF PRINTING TRANSCRIPT.—If the printed transcript in the Supreme
Court is unnecessarily long, the party responsible for this will be ad-
judged to pay the cost of printing thus unnecessarily incurred. People
v. Holden, 129.
3. ERROR IN ALLOWING COSTS.-If the Court adds to the judgment the costs of
the prevailing party after the time for filing the same has expired, and
after an appeal has been perfected, the error can only be corrected by an
appeal from the order. Jones v. Frost, 245.
See JUDGMENTS, 7; LOST NOTE, 2.
LIABILITY OF COUNTY TO COUNTY PHYSICIAN.-Physicians who contract with
a county to attend and treat all the inmates of the County Infirmary,
whether afflicted with contagious diseases or not, and to receive a stipu-
lated price therefor, cannot recover anything beyond the stipulated price
for attending persons sick with contagious diseases and placed in a
building apart from the one usually used as a County Hospital, by order
of the county authorities. Johnson v. Santa Clara County, 545.
See CONSTITUTIONAL LAW, 3.
1. COURT COMMISSIONER.-A Court Commissioner has no jurisdiction to hear
a motion or make any order in reference to the dissolution of an injunc-
tion, unless the motion is referred to him by the Court. Stone v. Bunker
Hill Company, 497.
2. Query 2-Can an appeal be taken from an order of a Court Commissioner
dissolving an injunction, without first applying to the District Court to
correct the error? Id.
1. ENTERING A HOUSE WITH INTENT TO STEAL.-The offense of entering a
dwelling-house in the daytime with intent to steal, created by the Act of
February 27, 1864, is complete, if the value of the property the defend-
ant intended to steal is less than fifty dollars. People v. Thompson, 214.
2. REVIEW OF INSTRUCTIONS IN A CRIMINAL CASE.-On an appeal in a criminal
case, the appellate Court will not review alleged errors in instructions of
the Court, unless embodied in a bill of exceptions, or there is an indorse-
ment thereon, signed by the Judge, showing the action of the Court
thereon. Id.
3. JUDGMENT IN A CRIMINAL CASE.-The judgment of the Court in a crim-
inal case to be entered by the Clerk in the minutes of the Court is suffi-
cient if it states of what offense the defendant was finally convicted,
and the penalty imposed by the Court. Such judgment need not recite
the facts contained in the other papers constituting the record in the ac-
tion. In the Matter of Edward Ring, 247.
4. AUTHORITY TO DETAIN A PRISONER.-A certified copy of the judgment
properly entered in a criminal action is sufficient authority in the hands
of the Warden of the prison for the detention of the defendant. Id.
5. REFUSAL TO PLEAD TO AN INDICTMENT.-If the defendant in a criminal
action demurs to the indictment, and the demurrer is overruled, and he
then declines to plead, and demands that the Court shall pronounce
judgment against him, a verdict and judgment against him will not be
reversed because the Court directs a plea of not guilty to be entered
and a trial to be had before a jury. People v. King, 265.
6. JUDGMENT IN CRIMINAL ACTION WHEN DEFENDANT DECLINES TO PLEAD.-
If a demurrer to the indictment is overruled, and the defendant then re-
fuses to plead, it is not a violation of defendant's constitutional right to
a trial by jury for the Court to pronounce judgment against him as upon
a plea of guilty, and this is the proper course for the Court to pursue.
Id.
7. A DEFENDANT MAY VOLUNTARILY TESTIFY BEFORE A GRAND JURY.—It is
neither illegal nor a ground for setting aside the indictment for the de-
fendant therein to voluntarily give his testimony before the Grand Jury
when the case is examined before them. Id.
8. MOTION TO SET ASIDE AN INDICTMENT.--A motion to set aside the indict-
ment because the names of all the witnesses who testified before the
Grand Jury are not indorsed upon it, must be made before demurrer
or plea. ld.
9. JUDGMENT IN A CRIMINAL ACTION.-A judgment "that the defendant be
imprisoned in the State Prison for the term of three years from the date
of his incarceration," is not void for uncertainty. Id.
10. TRIAL IN CRIMINAL CASE WITHOUT ARRAIGNMENT. —A verdict in a criminal
case where there has been no arraignment nor plea is a nullity, and no
valid judgment can be rendered thereon. People v. Corbett, 328.
11. WAIVER OF ARRAIGNMENT AND PLEA.-The defendant in a criminal case
does not waive an arraignment and plea by submitting to a trial, intro-
ducing witnesses on his behalf, and allowing the case to be argued on
his behalf to the jury. Id.
12. INSTRUCTIONS MUST APPLY TO THE TESTIMONY.-It is not error for the
Court to refuse to give instructions asked for in a criminal case, which
are not required by or founded on any part of the testimony in the case.
People v. Juarez, 380.
13. EVIDENCE OF CHARACTER IN CRIMINAL CASE.-On a trial for the crime of
murder the defendant is entitled to introduce testimony for the purpose
of proving his character for peace and quiet to be good. To that extent
his character is involved in the issue of not guilty. People v. Stewart,
396.
14. PRINCIPAL AND ACCESSORY AFTER THE FACT.-One indicted for the crime
of robbery as principal, cannot be convicted of the offense charged in
the indictment if the evidence shows that he was only an accessory after
the fact. People v. Gassaway, 404.
15. SAME.-Upon a trial for robbery, if the evidence is circumstantial and in-
volves the inquiry whether the defendant was guilty, if guilty at all, as
principal or as an accessory after the fact, the Court should instruct the
jury, if requested, that the defendant cannot be convicted if he was
only an accessory after the fact. Id.
16. SENTENCE FOR ASSAULT WITH DEADLY WEAPON, Erc.-Upon conviction for
an assault with a deadly weapon with intent to inflict upon the person of
another a bodily injury, the Court may lawfully sentence the offender
to pay a fine of five thousand dollars, and direct that he be imprisoned
in the County Jail at the rate of two dollars per day until the same is
paid. Ex parte Kelly, 414.
17. SAME-PAYMENT OF THE FINE.-In case of such sentence the prisoner is
entitled to a credit of two dollars per day for each day he remains in
prison, and he may at any time pay the sum then remaining unsatisfied
and claim his discharge from custody. Id.
18. CIRCUMSTANTIAL EVIDENCE IN CRIMINAL CASE.--An instruction to a jury in
a criminal case that they have a right to take into consideration all the
surrounding circumstances in making up their verdict, is to be under-
stood as limited to the circumstances in evidence. People v. Kelly, 424.
19. POSSESSION OF STOLEN PROPERTY.—In a trial for larceny, where the tes-
timony for the people consists of many suspicious circumstances, one of
which is the possession of the property stolen by the defendant soon
after the larceny was committed, if the defendant fails to account for
this possession, it is a circumstance to be taken into consideration with
other circumstances tending to show his guilt. Id.
20. INSTRUCTIONS TO JURY.-If instructions given in a criminal case embody
the law of the case, it is not error to refuse other instructions which also
embody the law. Id.
21. REBUTTING TESTIMONY FOR THE PROSECUTION.-The defendant in a criminal
action is as much bound to produce testimony to rebut testimony for the
prosecution which merely tends to prove his guilt as any other testi-
mony introduced by the prosecution. Id.
22. PERSONAL ATTENDANCE OF WITNESS IN CRIMINAL CASE.--When an absent
witness for a defendant in a criminal action is sick, and it is made to
appear that his personal attendance can be procured without unreason-
able delay, the statutory mode of taking the testimony of the witness
by a commission ought not to be forced upon the defendant against his
will, under the penalty of going to trial without it. People v. Dodge, 445.
23. CONTINUANCE IN CRIMINAL CASE.--A defendant in a criminal action is en-
titled to a continuance to enable him to obtain the personal attendance
of his witnesses at the trial, if the same can be obtained without unrea-
sonable delay. Id.
24. EVIDENCE TO SHOW INSANITY UPON PLEA OF NOT GUILTY.-Upon a trial for
murder, where the defendant pleads not guilty, he is entitled to have
testimony introduced on his behalf to show his insanity at the time the
alleged offense was committed. People v. Olwell, 456.
25. ERROR IN LAW IN CRIMINAL CASE.-If in a criminal case the defendant is
tried on a good indictment, and convicted and sentenced, and an error
of law occurs in the progress of the trial to defendant's prejudice, and
he appeals, the judgment must be reversed, although the defendant
does not ask for a new trial. Id.
26. POWER OF COURT TO GRANT A NEW TRIAL IN A CRIMINAL CASE.-If the
defendant in a criminal case is convicted and appeals, and the judgment
is reversed, the appellate Court may order a new trial, even though the
defendant does not move for a new trial, and denies the power of the
Court to grant a new trial: Id.
27. A REVERSED JUDGMENT IN A CRIMINAL CASE NO BAR TO A NEW TRIAL.—
If the defendant in a criminal case is convicted, and appeals, and asks
for a reversal of the judgment, but does not move for a new trial, a re-
versal of the judgment and an order for a new trial take from him the
right of setting up the former trial and conviction in bar of another
trial. Id.
28. TIME OF OBJECTING TO GRAND JURORS.-If the defendant is in custody, ob-
jections to grand jurors, on the ground of not being citizens or taxpay-
ers, must be taken by challenge when the grand jury is impaneled, or
they are waived. People v. Henderson, 465.
29. CHALLENGE OF TRIAL JURY FOR CAUSE.--Unless it clearly appears from the
answers of the juror that the District Court erred in its ruling upon
a challenge for cause in a criminal case, the verdict will not be set
aside on that ground by an appellate Court. Id.
30. TESTIMONY OF QUARRELS OF DECEASED on Murder TRIAL.-On a trial for
murder, testimony of quarrels of the deceased with a person other than
the defendant, and threats made by deceased against such person imme-
diately before the homicide, is not admissible on the part of the defense,
if the defendant was not present and the facts were not brought to his
knowledge before the killing. Id.
31. ERROR IN REJECTING TESTIMONY CURED.—If, on the trial of a criminal case,
the Court erroneously rejects testimony offered by the defense, and the
testimony is closed, and the Court adjourns until the next day, and upon
the meeting of the Court on the next day it offers to allow the rejected tes-
timony, and to give time to defendant to send for his witness, or to allow
him to read the testimony taken down by the Clerk on a former trial,
and he elects to read, and does read the testimony taken down, the
judgment will not be reversed because of the first error. Id.
32. INSTRUCTION IN LANGUAGE OF STATUTE.--There was no error in giving sec-
tion thirty-seven of the Act concerning crimes and punishments, in the
language of the statute, as an instruction to the jury. Id.
33. REPUDIATION OF AGREEMENT IN CRIMINAL CASE.-The appellate Court will
not reverse a judgment of conviction in a criminal case, by reason of
alleged error in a proceeding had in the course of the trial, by express
agreement of the defendant and his counsel, unless bound to do so by
some controlling rule of law. Id.
34. CHANGE OF Judges DURING A CRIMINAL TRIAL BY CONSENT.-If, after the
evidence is closed on the trial of a criminal case, the Judge of another
district, with the consent of the defendant and his counsel, upon the
request of the Judge who commenced the trial, takes the place of the
presiding Judge, charges the jury, and receives the verdict, a verdict of
guilty will not be set aside on the ground of irregularity in this respect.
Id.
35. WAIVER OF OBJECTION TO CHANGE OF JUDGES IN CRIMINAL CASE.-- If, in
the progress of a criminal trial, the Judge of the district leaves the
bench, and another Judge takes his place, and hears the argument and
receives the verdict, and the Judge of the district afterwards resumes
his seat upon the bench, and passes on a motion for new trial without ob-
jection, the defendant waives any objection to the further control of the
proceedings, and the passing of sentence by the Judge of the district in
which the trial was had.
36. CHANGE OF JUDGES BEFORE SENTENCE IS PRONOUNCED. - The Judge of a
district in which the cause was tried may pass sentence on a verdict of
guilty, when the Judge of another district presided during the argument
of the case to the jury and received the verdict. Id.
37. WHO MAY PRONOUNCE SENTENCE ON VERDICT.--A Judge who did not try the
case, if legally presiding, has jurisdiction to pronounce sentence. Id.
38. CIRCUMSTANTIAL EVIDENCE.--Where a criminal charge is to be proved by
circumstantial evidence, the proof ought to be not only consistent with
the prisoner's guilt, but inconsistent with any other reasonable hypoth-
esis consistent with the proof. People v. Shuler, 490.
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