tion. (B) Cross-Examination and Re-Examina- | cution against him should be dismissed if he testifies for the state, is proper.-State v. Barretta, 155 P. 343. 268 (Kan.) Where the attorney for relatrix elicited from a witness part of statements made by defendant on a certain occasion, defendant (D) Inconsistent Statements by Witness. was properly permitted to elicit the remainder 387 (Kan.) A question inquiring of relatrix of such statements.-State v. Creager, 155 P. 29. if she had not testified a certain way in another 2822 (Cal.App.) In trial for murder, stop- court held proper cross-examination.-State v. ping of further cross-examination as to direc- Creager, 155 P. 29. tion taken by defendant after shooting because it had been covered was within trial court's sound discretion.-People v. Lim Foon, 155 P. 477. In trial for murder, testimony for the people that after the shooting defendant ran in a northerly direction, made fact available to defendant, so as to justify refusal of continued cross-ex amination to bring it out as an ultimate fact to impeach the witness.-Id. (C) Privilege of Witness. 293 (Cal.App.) Pen. Code, § 1324, as added by St. 1911, p. 485, gives complete immunity to a witness giving testimony against himself, and is not violative of Const. art. 1, § 13.-People v. Knowles, 155 P. 137, rehearing denied by Supreme Court 155 P. 140; Same v. Antonetti, 155 P. 141 (first case) rehearing denied by Supreme Court 155 P. 141 (second case); Same v. Solari, 155 P. 141 (third case) rehearing denied by Supreme Court 155 P. 141 (fourth case); Same v. Bigelow, 155 P. 141 (fifth case) rehearing denied by Supreme Court, 155 P. 142. 2932 (Cal.App.) Pen. Code, § 1324, as added by St. 1911, p. 485, protects a grand jury witness believed to be implicated with third persons in the crime investigated.-People v. Knowles, 155 P. 137, rehearing denied by Supreme Court 155 P. 140; Same v. Antonetti, 155 P. 141 (first case) rehearing denied by Supreme Court 155 P. 141 (second case); Same v. Solari, 155 P. 141 (third case) rehearing denied by Supreme Court, 155 P. 141 (fourth case); Same v. Bigelow, 155 P. 141 (fifth case) rehearing denied by Supreme Court 155 P. 142. 297 (Cal.App.) A witness cannot, under Pen. Code, § 1324, as added by St. 1911, p. 485, refuse to testify, though his testimony may incriminate him but, where he demands that he be excused on that ground, he is not liable to prosecution. People v. Knowles, 155 P. 137, rehearing denied by Supreme Court 155 P. 140; Same v. Antonetti, 155 P. 141 (first case) rehearing denied by Supreme Court 155 P. 141 (second case); Same v. Solari, 155 P. 141 (third case) rehearing denied by Supreme Court 155 P. 141 (fourth case) ; Same v. Bigelow, 155 P. 141 (fifth case) rehearing denied by Supreme Court 155 P. 142. IV. CREDIBILITY, IMPEACHMENT, ROBORATION. (A) In General, 311 (Wash.) Failure of nonresident defendant though present as a witness, to appear and defend, held not to be considered on question of his credibility as a witness.-Calhoun, Denny & Ewing v. Whitcomb, 155 P. 759. 324 (Cal.App.) Where plaintiff to establish its case called as a witness the president of the defendant corporation, he being the principal stockholder was so identified with defendant that plaintiff might impeach him.-Coos Bay Mfg. Co. v. California Selling Co., 155 P. 817. (C) Interest and Bias of Witness. 372 (Okl.Cr.App.) The state may show on cross-examination the relations between a witness and accused, so far as such relation would tend to show bias affecting his credibility, though prejudice to defendant might result therefrom.-Daggs v. State, 155 P. 489. 372 (Utah) Cross-examination, as to wheth 390 (Okl.) To impeach a witness by evidence of a former statement, the statement must be material to the issues being tried.—Bilby v. Brockman, 155 P. 257. WORDS AND PHRASES. "Accord and satisfaction."-Gentry "Act of God."-Garrett v. Beers (Kan.) 155 "Act of legislative department."-Chan Sing v. "Adultery."-Stone v. State (Okl. Cr. App.) 155 P. 701. 155 P. 194. "Available."-Schwabacher Hardware Co. v. A. "Bill of particulars."-Nilson v. Ebey Land Co. "Bona fide holder."-Barry v. Kniseley (Okl.) 155 P. 1168. "Bona fide purchasers."-Fitzgerald v. Fitz- "Child."-Peerless Pacific Co. v. Burckhard "Children."-Bell v. Davis (Okl.) 155 P. 1132. "Commercial paper."-Logan County Bank v. Farmers' Nat. Bank of Oklahoma City (Okl.) 155 P. 561. Nat. "Condition precedent."-Northwestern Nat. Life 852. "Contract of insurance."-Royal Ins. Co. v. O. "Course of employment."-Bruton v. Sakariason "Default."-Halverhout v. Southwestern Milling | "Interstate commerce."-Bolch v. Chicago, M. Co. (Kan.) 155 P. 916. "Defective title."-First Nat. Bank of Albuquer- P. 7. & St. P. Ry. Co. (Wash.) 155 P. 422; Wesseler v. Great Northern Ry. Co., Id. 1063. "Judicial sale."-Stadelman v. Miner (Or.) 155 P. 708. "Liable."-Chicago, R. I. & P. Ry. Co. v. Medley (Okl.) 155 P. 211. "Malice."-Tucker v. Bartlett (Kan.) 155 P. 1; State v. Wimer, Id. 7. "Delivery."-Fouts v. Nance (Okl.) 155 P. 610. "Departure."-Northwestern Nat. Life Ins. Co. "Malice_aforethought."-State v. Wimer (Kan.) v. Ward (Okl.) 155 l. 524. "Due process of law."-Stadelman v. Miner "Endorsee in due course."-Douglass v. Brown P. 887. "Estoppel."-Northwestern Nat. Life Ins. Co. v. "Executory agreement to sell."-Carpenter v. "Extended."-First Nat. Bank of Albuquerque "Family."-Union Trust Co. v. Cox (Okl.) 155 "Filing."-Yates v. Tatum (Colo.), 155 P. 328; State Nat. Bank v. Lowenstein (Okl.) Id. 1127. "Final judgment."-Weiser Irr. Dist. v. Middle "Gift inter vivos."-Fouts v. Nance (Okl.) 155 P. 610. "Governmental duty."-Butler v. Kansas City (Kan.) 155 P. 12. "Grant, bargain, and sell."-Bell v. Bancroft (Okl.) 155 P. 594. 155 P. 7. "Malicious prosecution."-Ryan V. Johnson "Material allegation."-Bruton v. Sakariason "Material resources."-Blackwell Lumber Co. v. P. 471. "Municipal affairs."-Scheafer v. Herman (Cal.) 155 P. 1084. "Necessary."-Uhl v. Life & Annuity Ass'n "Negotiable note."-First Nat. Bank of Iowa "Negotiate."-Salter v. Ives (Cal.) 155 P. 84. "Next of kin."-Kali Inla Coal Co. v. Ghinelli "Nominal damages."-City of Rainier v. Mas- "Other property."-McMurran V. Duncan "Guarantee payment and waive notice, etc."-"Party similarly situated."-Ginty 356. 677. "Holder."-Anderson v. Coolin (Idaho) 155 P. V. v. Ocean Shore R. Co. (Cal.) 155 P. 77. "Personal property."-Canadian Pac. Ry. Co. v. P. 7. (Idaho) 155 P. 288. P. 805. "In."-Blount v. MacDonald (Ariz.) 155 P. 736. "In default of agreement or arbitration."-Halverhout v. Southwestern Milling Co. (Kan.) 155 P. 916. "In fee."-Thompson v. Thompson (Or.) 155 P. "Injunction."-United Railroads of San Fran- P. 791. "Probable cause."-Herrick v. Devorak (Okl.) 155 P. 367. "Public purpose."-Lewis and Clark County v. "Taking."-Kurtz v. Southern Pac. Co. (Or.) "Public use."-Blackwell Lumber Co. v. Empire "Public utility vehicle."-Cummins v. Jones "Tax."-State v. Emerson (Wash.) 155 P. 579. "Undue influence."-Black v. Funk (Kan.) 155 V. "Unsafe or dangerous place."-Melkusch "Purchaser pendente lite."-Wilson v. Robin- "Usually cultivated or improved."-Trask v. Lawyer (Okl.) 155 P. 617. "Real property."-McMurran v. Duncan (Ariz.) | “Work."-Arnhold v. Klug (Kan.) 155 P. 805. "Regulation and control of the state."-Black- "Residuary bequest."-In re Hartung's Estate "Resulting trust."-Belcher v. Young (Wash.) "Right to real property."-Imperial Water Co. "School."-Litchman v. Shannon (Wash,) 155 P. "Workman."-Lewis and Clark County. v. In- WORK AND LABOR. See Mechanics' Liens. 7(2) (Wash.) Where plaintiff took his moth Suits by a child against a parent for support WORKMEN'S COMPENSATION ACT. 38. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER |