343 (Ala.) Knowledge that note was given
by maker in payment for corporate stock does
not bar recovery by indorsee.-Bank of East
Chattanooga v. Clayton, 899.
356 (Ala.) Bank issuing and paying nego-
tiable certificate of deposit as consideration for
note is "purchaser for value."-Bank of East
Chattanooga v. Clayton, 899.
I. OFFENSES AND RESPONSIBILITY
THEREFOR.
~~~9(1) (Fla.) Pushing open an entirely clos-
ed door is a sufficient breaking.-Cooper v.
State, 693.
II. PROSECUTION AND PUNISHMENT.
362 (Fla.) Note held subject to equitable
defenses in payee's hands, although he trans-18 (La.) Indictment held to charge break-
ferred it to bona fide holder and again acquired ing and entering dwelling in nighttime without
dangerous
it.-Davis Mercantile Co. v. Gillett, 189.
assault upon
366 (Ala.) One purchasing before maturity therein.-State v. Patterson, 532.
without notice is holder in due course, and 41(1) (Fla.) Evidence held to support con-
holds free from defense of execution for hus-viction.-Cooper v. State, 693.
band's debt.-Morriss v. O'Connor, 304.
370 (Ala.) One purchasing before maturity
without notice is holder in due course, and
holds free from defense of want of considera-
tion. Morriss v. O'Connor, 304.
374 (Ala.) One purchasing before maturity
without notice is holder in due course, and
holds free from defense of duress.-Morriss v.
O'Connor, 304.
42(1) (Fla.) Possession of stolen goods 14
days after theft is sufficient to warrant infer-
ence of guilt.-Cooper v. State, 693.
CANCELLATION OF INSTRUMENTS.
I. RIGHT OF ACTION AND DEFENSES.
3 (Miss.) Refusal to cancel deed where
defendant offered to quitclaim to complainant
held error.-Rives v. McNeil, 595.
14 (Ala.) Remedy at law for money paid
on oral contract to purchase corporate stock
443 (4) (Ala.) That bank notified maker is adequate.--Cooper v. Drennen, 787.
before maturity that it held note for collection 24(2) (Ala.) Offer to restore consideration
does not affect right to recover as indorsee.-
Bank of East Chattanooga v. Clayton, 899. Strickland, 345.
467(1) (La.) Petition alleging indebtedness
to plaintiff on notes held to sufficiently allege24 (2) (Ala.) Vendor must show offer to
that plaintiff was holder.-Commercial Nat. land v. Hester, 910.
restore status quo or excuse for failure.-Row-
Bank v. Smith, 581.
475 (Fla.) Plea that defendant did not
promise should be stricken as inapplicable.-
Forbes v. Ft. Lauderdale Mercantile Co., 821.
476(1) (Fla.) Plea of want of considera-
tion is insufficient, amounting to a plea of the
general issue.-Forbes v. Ft. Lauderdale Mer-
cantile Co., 821.
525 (Ala.) Transferee held not bona fide
purchaser without notice of duress, want of
consideration, and execution for husband's debt.
-Morriss v. O'Connor, 304.
Purchase money need not be deposited in
court with bill.-Id.
II. PROCEEDINGS AND RELIEF.
34(3) (Ala.) Limitations or laches against
setting aside not operative while undue influ-
ence continued.--Spiva v. Boyd, 289.
37(4) (Ala.) Offer to do equity held suffi-
cient offer to return money received.-Strick-
land v. Strickland, 345.
37(4) (Ala.) Vendor must aver willingness
and readiness to restore if vendee rejects offer.
527(1) (Ala.App.) Maker's possession pri-
ma facie evidence of payment.-Watson v. Rol--Rowland v. Hester, 910.
lins, 60.
537(8) (Ala.App.) Directed verdict for de-
fendant makers in possession of notes sued on
properly refused.-Watson v. Rollins, 60.
Grantor need not aver offer to return amount
paid mortgagee by grantee.-Id.
Bill must offer to restore money received as
condition to relief.-Id.
37(6) (Ala.) Bill to cancel deeds held suf
ficient without allegation of actual participation
or knowledge of fraud by conspirator.-Row-
II. EVIDENCE, ASCERTAINMENT, AND ES- | land v. Hester, 910.
TABLISHMENT.
26 (Miss.) Circumstances stated calling for
equity to assume jurisdiction of boundary dis-
pute between parties claiming through common
grantor.-Middleton v. Howell, 725.
I. ESTABLISHMENT, CONSTRUCTION, AND
9(1) (Miss.) Statutes construed as requir-
ing construction of culvert from district, and
not bridge funds, the words "bridge" and "cul-
vert" not being synonymous.-Williamson v.
Hossley, 184.
IV. COMPENSATION AND LIEN.
41 (Ala.) Bill to cancel deeds held not de-
murrable for generality.-Rowland v. Hester.
910.
Bill held sufficient against demurrer for fail-
ure to allege tender to court.-Id.
43 (Ala.) Allegata and probata as to de-
scription of lot must correspond.-Hampton v.
Reichert, 311.
1. CONTROL AND REGULATION OF
COMMON CARRIERS.
7 (Ala.) May contract in different capacity
to perform services which they may refuse to
perform.-Ex parte Alabama Great Southern
R. Co., 502.
42 (Miss.) May recover commissions~12(1) (Ala.) Not required to file schedule
though committing misdemeanor by failing to of charges in order to recover for parking
showman's cars. Ex parte Alabama" Great
pay license tax.-Levinson v. Cox, 1.
Southern R. Co., 502.
56 (3) (Fla.) Agent held entitled to com-
missions for obtaining purchaser to whom his
principal sold after withdrawing an offer made
on supposition that he came to him direct.
Pensacola Finance Co. v. Simpson, 381.
VI. RIGHTS, POWERS, AND LIABILITIES
AS TO THIRD PERSONS.
102 (Ala.) Each party to exchange is lia-
ble for representations by common agent as to
location of his land.-Brennen v. Kent, 790.
12(7) (Ala.) Evidence
charge and reasonable expense thereof hela
erroneously excluded in suit to recover back
charges for parking showman's cars.-Ex parte
Alabama Great Southern R. Co., 502.
II. CARRIAGE OF GOODS.
(H) Limitation of Liability.
157 (Miss.) Where bill of lading excusa!
carrier from liability except as warehousema
For cases in Dec. Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
| 60 (La.) Supreme Court must notice fail-
ure to give notice of application for writs.-
State v. Fleckinger, 768.
48 hours after notice. time runs from receipt
of notice.-Illinois Cent. R. Co. v. Shaw, 629.
Consignee's request to mail notice of arrival
of goods held not to make postal department
consignee's agent.--Id.
CHAMPERTY AND MAINTENANCE.
158(1) (Miss.) Notation on receipt for C.
9. D. shipment as to amount to be collected not 7(1) (Ala.) One objecting to deeds
declaration of value limiting liability.-Ameri- champertous must establish prima facie basis
can Ry. Express Co. v. Galt, 597.
of objection.-Wainwright v. Marbury Lumber
Co., 315.
158(2) (Miss.) Not released from liability
for full value for loss of shipment where no
value declared by shipper in writing.-American See Equity.
Ry. Express Co. v. Galt, 597.
196 (Ala.) Whether a car
at place accessible for unloading pursuant to (A)
statute held for the jury.-Hines v. Thomasville
Light & Power Co., 316.
IV. CARRIAGE OF PASSENGERS.
(D) Personal Injuries.
280 (1) (La.) Strictest diligence required
by carrier of passengers.--Hopkins v. New Or-
leans Ry. & Light Co., 512.
287(4) (La.) Carrier's duty as to furnish-
ing step box to passenger boarding train stat-
ed. Scott v. Vicksburg, S. & P. Ry. Co., 840.
303 (6) (La.) Duty of street car company
to prevent obstruction of platform by objects
endangering alighting passengers-Hopkins v.
New Orleans Ry. & Light Co., 512.
CHATTEL MORTGAGES.
I. REQUISITES AND VALIDITY.
Nature and Essentials of Transfers
of Chattels as Security.
12 (Ala.) To create a lien on crops to be
grown against a third person they must be the
contemplated product of land in which mort-
gagee has a "present interest."-Vinson Bros.
v. Finlay, 310.
in 1915 on crops raised by tenant from year
Title of mortgagee under mortgage executed
to year held not valid as to crops of 1920
against third persons.-Id.
III. CONSTRUCTION AND OPERATION.
(B) Parties and Debts or Liabilities Se-
110 (Ala.App.) Mortgage held to secure
303 (6) (La.) Carrier's duty as to furnish- notes and mortgage executed subsequent to
ing step box to person alighting stated.-Scott date of maturity.-Nix v. Hopper, 35.
v. Vicksburg, S. & P. Ry. Co., 840.
in VII. REMOVAL OR TRANSFER OF PROP-
ERTY BY MORTGAGOR.
(A) Rights and Liabilities of Parties.
305 (4) (La.) Motorman's negligence
failing to keep lookout hela not to have contrib-
uted injury to intending passenger so as to
make carrier liable.-Vosbein v. New Orleans229 (3) (Ala.) Note and mortgage are pri-
Ry. & Light Co., 579.
ma facie evidence of debt due.-Wilson v. Wind-
ham, 791.
316(1) (La.) Have burden of
proving
cause for failure to set down passenger safely.
--Hopkins v. New Orleans Ry. & Light Co.,
512.
318(9) (La.) Evidence held not to sustain
carrier's contention passenger fell after she had
safely alighted.-Hopkins v. New Orleans Ry.
& Light Co., 512.
(E) Contributory Negligence of Person
Injured.
328(1) (La.) Carrier is not an insurer
against passenger's negligence in using step
box in boarding train.-Scott v. Vicksburg, S. &
P. Ry. Co., 840.
333(1) (La.) Carrier is not an insurer
against passenger's negligence in using step
box in alighting.-Scott v. Vicksburg, S. & P.
Ry. Co., 840.
339 (La.) Injuries to passenger using step
box without looking attributable to his misuse
of appliance.-Scott v. Vicksburg, S. & P. Ry.
344 (La.) Burden on carrier to prove pas-
senger's contributory negligence.-Hopkins v.
New Orleans Ry. & Light Co., 512.
I. NATURE AND GROUNDS.
(Ala.) Writ goes only to questions con-
cerning jurisdiction of subordinate tribunal and
legality of its proceedings.-Woodward Iron Co.
v. Bradford, 803.
See Infants, Parent and Child,
CHURCHES.
See Religious Societies.
See Municipal Corporations.
CIVIL RIGHTS.
See Constitutional Law, 83.
CLERKS OF COURTS.
74 (Miss.) Statutes do not require circuit
clerk to receive and receipt for and disburse
costs voluntarily paid by litigants.-U. S. Fi-
delity & Guaranty Co. v. Young, 448.
Circuit court clerk's surety not liable to sher-
iff on bond for costs voluntarily paid by liti-
gants.-Id.
I. POWER TO REGULATE IN GENERAL.
8(1) (Ala.) Provision as to foreign cor-
poration's doing business in state inapplicable
to interstate transaction.-Leverett
land Co., 343.
V. Gar-
II. SUBJECTS OF REGULATION.
5(1) (La.) Interlocutory rulings on
a lis
pendens are ordinarily reviewable only on ap-27 (8) (Miss.) Where locomotive
peal.-Dawson v. Frazar, 570.
bought and being repaired for "interstate com-
7 (La.) Evidence rulings cannot be re- merce," injury to servant working thereon gov-
viewed after new trial is granted.-White v. erned by state and not federal law.-New Or
Louis, 20.
leans & N. E. R. Co. v. Beard, 727.
II. PROCEEDINGS AND DETERMINATION.
46 (La.) Notice of intention to make ap- See Bills and Notes.
plication necessary.-State v. Fleckinger, 768.
60 (La.) Dismissed if not filed within 30
days from filing decree of Court of Appeal.-
W. J. Martinez & Bros. v. Murray, 366.
COMMUNITY PROPERTY.
See Husband and Wife, 254–274.
COMPROMISE AND SETTLEMENT.
17(1) (La.) Admission by compromise that
others were co-owners held not to be disputed.
-Wheeler v. Mann, 225.
See Sales, 472.
CONSTITUTIONAL LAW.
See Statutes,
For validity of statutes relating to particular
subjects, see also the various specific topics.
I. ESTABLISHMENT AND AMENDMENT OF
CONSTITUTIONS.
8 (La.) Limitation in call for constitution-
al convention of its powers as to certain of-
fices held to apply only to elective or appointive
offices.-Lobrano v. Police Jury of Parish of
Plaquemines, 423.
II. CONSTRUCTION, OPERATION, AND
ENFORCEMENT OF CONSTITU-
TIONAL PROVISIONS.
I. ACTS OR CONDUCT CONSTITUTING
CONTEMPT OF COURT.
13 (Miss.) Inducing prospective witness
not under recognizance and not subpoenaed to
leave jurisdiction does not constitute contempt.
-Sellers v. State, 716.
CONTINUANCE.
See Criminal Law, 593–599.
35 (La.) Statements admitted to avoid
continuance are entitled to same weight as for-
eign testimony.-Hopkins v. New Orleans Ry.
& Light Co., 512.
See Bills and Notes; Champerty and Mainte-
nance; Compromise and Settlement; Ex-
change of Property; Frauds, Statute of;
Guaranty; Novation; Sales; Specific Per-
formance; Stipulations; Vendor. and Pur-
chaser.
II. CONSTRUCTION AND OPERATION.
(A) General Rules of Construction.
154 (La.) Fair, rather than unfair, con-
43 (2) (Ala.) Employer electing to accept struction will be preferred.-Ascension Red
Workmen's Compensation Act waives constitu- Cypress Co. v. New River Drainage Dist., 165.
tional objections.-Woodward Iron Co. v. Brad-155 (Fla.) While ambiguous language will
46(1) (Ala.App.) Constitutional question
not considered by Court of Appeals unless nec-
essarily involved.-Barrett v. State, 13.
be construed against person using it, it should
be construed to accord with context.-West
Yellow Pine Co. v. Sinclair, 828.
156 (Fla.) Specific provisions will govern
Bank of Columbia, 478.
general statements.-Bystra v. Federal Land
46(1) (Fla.) Where the constitutionality
of the statute is not attacked, it will be as-
sumed that it is sufficient as a basis for crimi-170(1) (Fla.) Construction of contract by
nal prosecution.-Grantham v. State, 697.
46(1) (Miss.) Constitutionality of statute
will not be decided where the contract made
under its provisions is void for noncompliance
with its terms.-Jackson County v. Worth, 588.
48 (La.) In case of doubt as to the va-
lidity of a constitutional provision, it should be
held valid.--Lobrano v. Police Jury of Parish of
Plaquemines, 423.
parties is material in determining meaning.—
West Yellow Pine Co. v. Sinclair, 828.
170(1) (Miss.) Terms of unambiguous con-
tract cannot be varied by parties' acts showing
construction.-Wood v. Morath, 714.
V. PERFORMANCE OR BREACH.
296 (La.) Suretyship; change in plan by
contractor held no defense in suit by contrac-
III. DISTRIBUTION OF GOVERNMENTAL tor against subcontractor and surety for delay.
POWERS AND FUNCTIONS.
-Jacob A. Zimmerman & Son v. U. S. Fidelity
& Guaranty Co., 647.
62 (Miss.) Provision directing state tax
commission to prescribe form of assessment
rolls not a delegation of legislative power.-
Bailey & Bean v. Wilson, 362.
(B) Judicial Powers and Functions.
70(3) (Fla.) Reasonableness, of ordinance,
but not of statute, subject to judicial determi-
nation.-Roach v. Ephren, 609.
74 (Ala.App.) Statute authorizing court to
conditionally suspend sentence held not uncon-
stitutional as encroachment on executive pow-
ers.-Barrett v. State, 13.
V. PERSONAL CIVIL AND POLITICAL
299(1)(La.) Delay in performance by sub-
contractor held attributable to him.-Jacob A.
Zimmerman & Son v. U. S. Fidelity & Guar-
anty Co., 647.
300(1) (La.) Accumulation of rubbish by
dock board held no ground for delay by sub-
contractor.-Jacob A. Zimmerman & Son v. U.
S. Fidelity & Guaranty Co., 647.
Requirements of contractor that subcontrac-
tor put pile drivers on barges held not to ex-
cuse delay of subcontractor.-Id.
Requiring subcontractor to pay 10 per cent.
for financing pay rolls and to share commis-
sion for clearing wharves was no defense in a
suit by contractor for delay.-Id.
300 (3) (La.) Delay by subcontractor held
not caused by delay of contractor's engineers.
83(1) (Ala.App.) Statute prohibiting sale-Jacob A. Zimmerman & Co. v. U. S. Fidelity
or possession for sale of prohibited liquors not
unconstitutional as invading right to personal
liberty.-Ricketts v. State, 137.
287 (Fla.) Legislative power to tax licens-
es is subject to the due process clause.-Roach See Trover and Conversion.
v. Ephren, 609.
316 (Fla.) Statute authorizing damages for
child's death held not to violate Constitutional
guaranty of due process of law.-De Vane v.
Bauman, 192.
See Carriers; Electricity; Municipal Corpora-
tions; Railroads; Telegraphs and Telephones.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
VII. CORPORATE POWERS AND LIA- for differences between market and face value
held invalid.-Board of Revenue of Jefferson
County v. Hewitt, 781.
(A) Extent and Exercise of Powers in
General.
388(4) (La.) Directors and stockholders
who signed contract cannot attack it as ultra
vires.-Caddo Rock Drill Bit Co. v. Reed, 388.
(B) Representation of Corporation by Of-
ficers and Agents.
397 (Ala.App.) Bound only by agent's acts
within scope of agency.-T. L. Farrow Mer-
cantile Co. v. Vest, 59.
432(5) (Ala.App.) Relation of party to
whom notice given must be shown.-T. L. Far-
row Mercantile Co. v. Vest, 59.
182 (Ala.) Act relating to bonds held not
repealed by subsequent act.-Board of Revenue
of Jefferson County v. Hewitt, 781.
V. CLAIMS AGAINST COUNTY.
206(1) (Miss.) What legal services were
for which a claim was allowed must be deter-
mined alone from the account filed and the or-
der of the supervisors.-Humphreys County v.
Cashin, 888.
See Clerks of Courts; Contempt;
Justices of the Peace; Prohibition.
I. NATURE, EXTENT, AND EXERCISE OF
JURISDICTION IN GENERAL.
(C) Property and Conveyances.
439 (La.) Grant of exclusive license to
use patents held not to convey assets so as to
prevent corporation doing business.-Caddo 39 (La.) Every court has jurisdiction to
Rock Drill Bit Co. v. Reed, 388.
determine questions of fact upon which juris-
diction depends.-Jefferson v. Gamm, 682.
II. ESTABLISHMENT, ORGANIZATION, AND
PROCEDURE IN GENERAL.
443 (Miss.) Deed signed and acknowledged
by corporation's president and attested by sec-
retary under seal held sufficient.-Griffis v. Mar-
tin Oil Co., 324.
507 (13) (La.) Return need not show offi-
cer, director, or agent in charge of its affairs
served with process was over 18 years of age.
-Woodall v. Louisiana Ry. & Nav. Co., 238.
XII. FOREIGN CORPORATIONS.
(D) Rules of Decision, Adjudications,
Opinions, and Records.
97(5) (La.) Measure of damages under
by rules of federal courts.-Simmons v. Louisi-
federal Employers' Liability Act determined
ana Ry. & Nav. Co., 24.
V. COURTS OF PROBATE JURISDICTION.
661 (4) (Ala.) Violation of requirement as
to agent and place of business by doing busi-202 (5) (Fla.) Later act held not to super-
ness with others immaterial as to corporation's sede former as to appellate procedure from
right to sue buyer from it.-Leverett v. Gar- county court.-Garner v. Garner, 819.
land Co., 343.
Buyer from corporation not complying with
requirement as to agent and place of business
not entitled to complain that it sued only for
goods legally sold.-Id.
672 (6) (Ala.) Plea as to unlawful doing
of business in state insufficient in that it fails
to show where cause of action arose.-Leverett
v. Garland Co., 343.
VI. COURTS OF APPELLATE JURIS-
(A) Grounds of Jurisdiction in General.
207 (5) (La.) Supreme Court's supervisory
jurisdiction is not controlled by statute.-State
V. Letellier, 218.
Supervisory jurisdiction not exercised to pre-
vent trial involving settled legal question.-Id.
(B) Courts of Particular States.
224(1) (La.) Supreme Court has jurisdic-
tion of money demand coupled with demand for
possession of realty.-Ward v. Lynn, 399.
224(7) (La.) Action to collect license tax
not within court's jurisdiction where validity
of license not in issue.-State v. Serio & Mes-
sina, 385.
VIII. CONCURRENT AND CONFLICTING
JURISDICTION, AND COMITY.
(A) Courts of Same State, and Transfer of
Causes.
483 (La.) Appeal not within court's juris-
diction will be transferred to Court of Appeal.
-State v. Serio & Messina, 385.
(B) State Courts and United States Courts.
509 (Miss.) One may not sue in state court
to establish rights against property sold by
federal court.-Gulf, M. & N. R. Co. v. Hill
Mfg. Co., 358.
III. PERFORMANCE OR BREACH.
102(1) (Miss.) Equity may relieve grantee
in case of breach of warranty, where there has
been no actual ouster.-Middleton v. Howell,
725.
See Arson; Assault and Battery, 87; Bur-
glary; Embezzlement; False Pretenses; For-
gery; Grand Jury: Homicide; Indictment and
Information; Kidnapping; Larceny: Perjury;
Prostitution; Rape, 36-54; Receiving
Stolen Goods; Robbery; Threats; Vagrancy.
I. NATURE AND ELEMENTS OF CRIME
AND DEFENSES IN GENERAL.
42 (Miss.) Party compelled to incriminate
himself in preliminary trial of another held
immune in prosecution.-Griffin v. State, 81.
(A) Place of Bringing Prosecution.
112(6) (La.) Homicide held "committed"
in parish where wound inflicted, though death
occurred elsewhere.-State v. Stelly, 390.
VII. FORMER JEOPARDY.
186 (Miss.) Passing of indictment to files
is not an acquittal.-Gordon v. State, 95.
1932 (Ala.App.) Defendant, convicted of
lesser offense than that charged in indictment,
can plead autrefois acquit as to the most seri-
ous charge on new trial.-Thornton v. State,
66.
1932 (La.) One acquitted of murder can-
not again be tried.-State v. Bridges, 217.
195(1) (Fla.) Striking of plea of autrefois
acquit and conviction held to justify relief by
certiorari.-Saucer v. State, 703.
200 (4) (Miss.) Conviction for unlawful
possession does not bar prosecution for man-
ufacturing.-Gordon v. State, 95.
for
201 (Ala.App.) Conviction
violating
liquor ordinance no bar to subsequent prosecu-
tion for violating state law.-Williams v. State,
36.
VIII. PRELIMINARY
DAVIT, WARRANT, EXAMINATION,
COMMITMENT, AND SUMMARY
292(1) (Ala.) Demurrer properly sustain-
ed to pleas in abatement.-Whitehead v. State,
351.
301 (La.) Refusal to permit withdrawing
of plea of not guilty so motion to quash could
be filed held not abuse of discretion.-State v.
Sandiford, 261.
(A) Judicial Notice, Presumptions, and
Burden of Proof.
309 (Ala.App.) No presumption as to
character of accused.-Campbell v. State, 43.
(B) Facts in Issue and Relevant to Issues,
and Res Gestæ.
338(1) (La.) Relevant testimony need not
embrace every element of crime.-State v.
Smith, 28.
351 (8) (Ala.) State properly permitted to
elicit that defendant asked witness to testify in
certain manner.-Whitehead v. State, 351.
351 (10) (La.) Attempts by defendant to
intimidate witnesses held admissible.-State v.
Davis, 385.
359 (Ala.App.) Testimony that defendant
was mistaken for other person by arresting of-
ficers inadmissible.-Ewing v. State, 136.
Testimony that state's witness first charged
another with the crime admissible.-Id.
364(2) (Ala.App.) Exclusion of testimony
of defendant concerning matters no part of res
gestæ held proper.-Hill v. State, 62.
right
COMPLAINT, AFFI-364(2) (Ala.App.) Defendant's
of
self-defense not affected by conversation with
deceased's daughter, and evidence thereof held
not res gesta.-White v. State, 63.
defendant
364 (2) (Ala.App.) Testimony
refused to work at still not a part of res ges-
tæ held inadmissible.-Roberson v. State, 70.
to
364 (4) (Ala.App.) Evidence of threat
kill deceased's son not res gesta.-Thomas v.
State, 878.
260(13) (Ala.App.) Complaint held not a
departure from affidavit filed in lower court.-
Roberson v. State, 39.
260(13) (Ala.App.) Trial de novo in circuit
court on appeal from conviction in county court.
-Denham v. State, 129.
260 (13) (Ala.App.) Complaint filed on ap:
peal from county court becomes charge against
defendant.-Nailer v. State, 131.
Complaint on appeal from county
amendable when affidavit not void.---Id.
On appeal from county court, defendant should
plead to complaint, and not to affidavit.—Id.
IX. ARRAIGNMENT
PLEAS,
AND
DIS-
NOLLE PROSEQUI OR
CONTINUANCE.
261(2) (La.) Accused must be rearraigned
after plea of not guilty withdrawn.-State v.
Butler, 395.
266 (Ala.App.) On defendant's refusal to
plead, it is proper to enter plea of not guilty.
--McMillan v. State, 56.
273 (La.) Plea of guilty to felony can be
received by court in vacation.-State v. Dun-
ham, 387.
274 (La.) Question of guilt not before
court on motion to withdraw plea of guilty of
robbery.-State v. Dunham, 387.
Motion to withdraw plea of guilty addressed
to court's legal discretion.-Id.
364(5) (Ala.App.) Declarations of accused
while drawing whisky from still held admissible
for him as "res gestæ."-Roberson v. State, 70.
showing
365(1) (Ala.App.) Declarations
guilt of another offense admissible as defense
to distilling.-Roberson v. State, 70.
366 (3) (Ala.App.) Evidence of what hap-
pened after the difficulty between deceased and
defendant not part of the res gestæ.-Bowling
v. State, 33.
368 (2) (Ala.) Evidence as to statements
and conduct of others held not part of res ges-
tæ.-Whitehead v. State, 351.
(C) Other Offenses, and Character of Ac-
369 (2) (La.) Evidence of acts of inter-
course other than the one charged admissible.-
State v. Harris, 686.
369(6) (Ala.) Evidence of former convie-
tion admissible only when averred in indictment.
-Ex parte State ex rel. Davis, 278.
369 (6) (Ala.App.) Admission of evidence
of prior conviction is reversible error.-Brown
v. State, 278.
274 (La.) Evidence held to prove that de-
fendant, in pleading guilty of grand larceny, in-369(6) (Miss.) Evidence of other offense
tended to plead guilty of petit larceny.-State held not admissible in prosecution for keeping
of liquor.-Lowe v. State, 78.
v. Manager, 412.
Defendant should be permitted to withdraw
plea of guilty, where made in belief he was
pleading guilty of less serious crime.-Id.
369(8) (La.) Evidence of other acts of
carnal knowledge admissible as corroboration.
-State v. McCollough, 404.
279 (Ala.) Pleas in abatement after plea 371(9) (La.) Evidence of other acts of
of not guilty too late.-Whitehead v. State, 351. carnal knowledge admissible to show intent.-
State v. McCollough, 404.
279 (Ala.App.) Plea in abatement is prop-371(12) (La.) Evidence of other acts of
erly stricken, where filed after pleading to mer-
carnal knowledge admissible to show motive.-
its. Stevenson v. State, 140.
State v. McCollough, 404.
280(1) (Fla.) Pleas in abatement must be
certain to a certain intent in every particular.
-Oglesby v. State, 825.
(D) Materiality and Competency in Gen-
eral.
280 (2) (Fla.) Plea in abatement for prej-
udice of grand juror must show that he partic-382 (La.) Material testimony need not em-
ipated in finding indictment.-Oglesby v. State, brace every element of crime.-State v. Smith,
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