$ 471. In a murder case, wherein accused claimed to be unconscious of his act on account of an attack of epilepsy. held, that a question calling for a physician's opinion as to his ability to have an intent to kill was correctly overruled.-State v. Maioni (N. J.) 526. (C) Reception of Evidence. Examination of witnesses, see Witnesses, §§ 237-286. § 661. Silence of one accused at a judicial hearing is not an implied admission of the truth $483. A question asked a physician in a of statements made in his presence; but in a murder case, relating to a claim of accused that criminal prosecution admissions of fact made at he was unconscious of his act on account of an the trial in open court by the accused or his attack of epilepsy, held objectionable as deal-counsel may be considered by the jury.—Godwin v. State (Del.) 1101. ing with a mere abstraction.-State v. Maioni (N. J.) 526. $483. Questions calling for the opinion of experts on matters of science must relate to, and be predicated on, the facts established by the proofs.-State v. Maioni (N. J.) 526. (M) Weight and Sufficiency. Credibility, impeachment, corroboration, and contradiction of witnesses, see Witnesses, §§ 317-398. In particular criminal prosecutions. See Arson, § 37; False Pretenses, § 49; Forgery. § 44; Homicide, § 257. § 553. In a prosecution for statutory rape, the jury may consider the interest of prosecutrix in determining the credibility of her testimony. -State v. Dlugozima (Del. Gen. Sess.) 1086. § 661. Admissions made by counsel in their professional capacity in good faith and at the trial in open court are accepted in lieu of testimony.-Godwin v. State (Del.) 1101. § 661. Where, in the trial of a criminal case, the defendant's counsel failed to deny a statement of the Attorney General as to matters admitted by defendant, this amounted to an admission.-Godwin v. State (Del.) 1101. § 687. Defendant will not be permitted to introduce testimony, after the prosecution has rested, which is merely cumulative of testimony introduced by defendant in making his defense.State v. Dlugozima (Del. Gen. Sess.) 1086. (F) Province of Court and Jury in Gen eral. $741. In a criminal case, the jury are the sole judges of the facts proved.-State v. Luff (Del. Gen. Sess.) 1079. $ 554. In a prosecution for statutory rape, the jury may consider the interest of defendant in determining the credibility of his testimony.-weight and effect of the evidence in a criminal State v. Dlugozima (Del. Gen. Sess.) 1086. $ 561. "Reasonable doubt" defined.-State v. Miele (Del. O. & T.) 8; Same v. Lockwood (Del. Gen. Sess.) 2; Same v. Lee (Del. Gen. Sess.) 4; Same v. Gam (Del. Gen. Sess.) 7: Same v Hartnett (Del. Gen. Sess.) 82; Same v. Luff (Del. Gen. Sess.) 1079; Same v. Dlugozimá (Del. Gen. Sess.) 1086. § 561. A person accused of an offense must § 561. A person accused of an offense must be proven guilty beyond a reasonable doubt.State v. Fullman (Del. Gen. Sess.) 1. $561. Every material element of the offense charged must be proved beyond a reasonable doubt.-State v. Hartnett (Del. Gen. Sess.) 82. § 561. Proof of guilt must be beyond a reasonable doubt, which means such a doubt as reasonable men would have under all the circum stances, and not a mere speculative or indefinable doubt.-State v. Fagan (Del. Gen. Sess.) 692. § 561. Guilt must be proved beyond a reasonable doubt, which means such a doubt as reasonable men would have under all the circumstances, and not a vague or fanciful doubt. -State v. Anderson (Del. Gen. Sess.) 1097. $568. Criminal intent may be proved by circumstantial, as well as by direct, evidence. State v. Luff (Del. Gen. Sess.) 1079. $741. The jury are the sole judges of the case.-State v. Anderson (Del. Gen. Sess.) 1097. § 741. The jury are the sole judges of the value, weight, and probative force of the testimony.-State v. Moore (Del. Gen. Sess.) 1112. § 742. The jury held required to reconcile the conflict in the testimony where they can, and where they cannot they should accept such testimony as they consider under the circumstances most worthy of credit.-State v. Miele (Del. O. & T.) 8. § 742. Where the evidence is conflicting, the jury should reconcile it, or reject that which they believe unworthy of credit.-State v. Lee (Del. Gen. Sess.) 4. § 742. A jury is bound to reconcile conflicting evidence, if possible.-State v. Gam (Del. Gen. Sess.) 7. sole judges of the credibility of the witnesses.$742. In a criminal case, the jury are the State v. Luff (Del. Gen. Sess.) 1079. $742. The jury should reconcile conflicting evidence if possible, and, if not, should accept that most worthy of credit, considering the intelligence and interest of the witnesses and their opportunity of knowledge.-State v. Anderson (Del. Gen. Sess.) 1097. § 742. The jury held required to reconcile the conflict in the testimony, if that can be done, and, when not, they must accept such of it as they consider most worthy of credit.-State v. Moore (Del. Gen. Sess.) 1112. an automobile driver for negligent homicide held $7552. A charge in a prosecution against not harmful as invading the jury's province to decide what the accused might reasonably have assumed.-State v. Campbell (Conn.) 927. (B) Course and Conduct of Trial in Gen- an automobile driver for negligent homicide held eral. Effect of invalidity of statute authorizing appointment of special attorney to have charge of liquor prosecutions, see Statutes, § 63. § 640. If the regular county attorney does not object that a case is prosecuted by another attorney, accused has no ground for objection. -State v. Bartlett (Me.) 18. $755%. A charge in a prosecution against properly refused as invading the jury's province. -State v. Campbell (Conn.) 927. $$ 763, 764. On a trial for murder, certain evidence received in rebuttal, held properly commented upon in the charge, where, after directing attention thereto, the court stated that if the jury believed it, it tended to establish that defendant shot decedent.-Commonwealth v. Leskoski (Pa.) 217. (G) Necessity, Requisites, and Sufficiency of Instructions. In particular criminal prosecutions. See Assault and Battery, § 96; Homicide, § 294: Prostitution, § 5. 778. An instruction as to the burden of proof of insanity held not subject to objection on the ground that defendant was called on to conquer with testimony every doubt arising in the minds of the jurors.-State v. Maioni (N. J.) 526. § 823. That expressions in a charge on negligent homicide omitted the law to be applied held not ground for reversal, where it was given in other parts of the charge.-State v. Campbell (Conn.) 927. $823. Remarks of the court regarding Pub. Acts 1907, p. 825, c. 221, § 12, when construed with other charges, held not objectionable as authorizing the jury to find the accused guilty of manslaughter if they found that he did not reduce the speed of his automobile when he passed deceased.-State v. Campbell (Conn.) 927. (J) Custody, Conduct, and Deliberations of Jury. $857. The jury must be governed exclusively by the evidence in arriving at a verdict.-State v. Luff (Del. Gen. Sess.) 1079. XIII. MOTIONS FOR NEW TRIAL AND IN ARREST. § 970. Duplicity in an indictment cannot be taken advantage of by motion in arrest.-State v. Manley (Vt.) 231. XIV. JUDGMENT, SENTENCE, AND FINAL COMMITMENT. (G) Review. In prosecutions for homicide, see Homicide, § 340. § 1137. Where an automobile driver, on trial read Pub. Acts 1907, p. 825, c. 221, § 11, to for negligent homicide, requested the court to the jury as applicable to the question of what was unlawful and dangerous rate of speed, he could not complain of the reading of section 12 as applicable to the question.-State v. Campbell (Conn.) 927. § 1139. What was or was not admitted as evidence in the trial of a prosecution under Const. art. 5, § 7, for bribery at an election, becomes a fact material to the review on appeal, and it should be determined under rules usually applied in determining any judicial fact.-Godwin v. State (Del.) 1101. § 1153. Scope of cross-examination of complainant in a rape case held largely in the discretion of the trial court.-State v. Rivers (Conn.) 757. § 1168. Exhibiting articles to be introduced in evidence before the offer was made to introduce them held harmless, though they were not admitted.-State v. Roby (Vt.) 638. § 1168. Exhibiting an article to the jury before it is offered in evidence held harmless.State v. Roby (Vt.) 638. § 1169. Admission of evidence in prosecution for assault held harmless.-State v. Roby (Vt.) 638. 1170. On a trial for rape, the exclusion of evidence held not prejudicial.-Sigerella v. State (Del.) 1081. For violation of health regulations, see Health, XVII. PUNISHMENT AND PREVEN§ 43. TION OF CRIME. § 982. Neither the invalidity of a provision § 1214. Where the Legislature had the power of a sentence to imprisonment suspending its to prescribe a fine for the violation of a statute, execution, nor the expiration of the time for every, presumption is in favor of the proper which relators were sentenced, would, under exercise by the court of the power to impose it. Laws 1903, p. 123, c. 122, § 3, affect the va--State v. Griffith (Conn.) 1068. lidity of the sentence, nor satisfy it, without confinement.-State v. Buckley (N. H.) 875. $ 982. On a plea of guilty, the court had jurisdiction to suspend execution of the sentence for a definite or indefinite time, and direct that a mittimus should issue on the call of the solicitor.-State v. Buckley (N. H.) 875. XV. APPEAL AND ERROR, AND In prosecution for homicide, see Homicide, § 310. (B) Presentation and Reservation in Lower Court of Grounds of Review. 1036. Only such objections to evidence as are made at the trial will be considered on appeal.-State v. Manley (Vt.) 231. § 1036. An objection to evidence cannot be first made on appeal.-State v. Roby (Vt.) 638. (D) Record and Proceedings Not in Rec ord. $ 1214. Where the amount of a fine which the Legislature may properly impose depends largely upon the object designed to be accomplished, the widest latitude is to be given to the discretion and judgment of the Legislature in determining the amount necessary to accomplish that object.-State v. Griffith (Conn.) 1068. 1214. Pub. Acts 1907, p. 839, c. 238. § 4, held not unconstitutional as being in violation of Const. art. 1, § 13, forbidding excessive fines. -State v. Griffith (Conn.) 1068. CROPPERS. Renting on shares, see Landlord and Tenant, § 326. CROPS. Rights as to crops on land cultivated under farm lease, see Landlord and Tenant, § 139. CROSS-BILL. $1086. Where an appeal was taken in a See Equity, §§ 201, 202. criminal prosecution, where two defendants were tried together, the printed appeal record should have contained copies of the information CROSS-DEMANDS. and record of judgment in both cases.-State v. See Set-Off and Counterclaim. Griffith (Conn.) 1068. § 1092. Rule to amend stenographer's tran script by adding objections to testimony, rea CROSS-EXAMINATION. sons therefor, rulings thereon, and the seal- Of expert witnesses, see Evidence, § 558. ing of bills of exceptions held properly dis- Of witnesses in general, see Witnesses, §§ 267charged.-Commonwealth v. Leskoski (Pa.) 217. 286, 330, 358. CROSSINGS. Railroad crossings, accidents at, see Railroads, $$ 305-350. Street railroad crossings, right of way over tracks, see Street Railroads, § 85. CRUELTY. Ground for divorce, see Divorce, § 37. CUMULATIVE REMEDIES. Penalties and criminal prosecutions, see Criminal Law, § 13. CURATORS. See Guardian and Ward. See Dower. CURTESY. § 12. A tenant by the curtesy has no right to open and mine coal in the land which he holds for life.-Deffenbaugh v. Hess (Pa.) 608. § 12. Where unmined coal land is sold by the remainderman and the tenant by the curtesy, such latter has the right to the whole income during his life.-Deffenbaugh v. Hess (Pa.) 608. CUSTODIAN. IV. LIQUIDATED DAMAGES AND PENALTIES. Limitation of amount of carrier's liability, see V. EXEMPLARY DAMAGES. § 91. Exemplary damages are recoverable in an action for injury to personalty where malice, fraud, or gross negligence is present.-Lord v. Maine Cent. R. Co. (Me.) 117. VI. MEASURE OF DAMAGES. Compensation for appropriation under power of eminent domain, see Eminent Domain, §§ 127145. For breach of contract, see Sales, § 418. (A) Injuries to the Person. § 100. The damages to be awarded for a negligent personal injury resulting in a diminution of earning power is a sum equal to the present worth of such diminution, and not its aggregate for plaintiff's expectancy of life.O'Brien v. J. G. White & Co. (Me.) 721. (B) Injuries to Property. $103. Plaintiff's measure of damages, in an action against a city for damages to property caused by a defective street, stated.-Schelich Of school funds, see Schools and School Dis- v. City of Wilmington (Del. Super.) 367. tricts, § 63. CUSTODY. Of children, see Parent and Child, § 2. Of children on divorce of parents, see Divorce, $ 301. of goods in course of transportation, see Carriers, § 70. Of mortgaged property, see Chattel Mortgages, $159. CUTTING TIMBER. See Logs and Logging, §§ 3-5. DAMAGES. Compensation for property taken for public Damages for particular injuries. Injuries from negligent or wrongful use of Taking or detention of personal property, see Recovery in particular actions or proceedings. III. GROUNDS AND SUBJECTS OF (B) Aggravation, Mitigation, and Reduc- Duty to avoid consequences of nuisance, as affecting extent of liability, see Nuisance, § 50. (C) Interest, Costs, and Expenses of Liti(C) Interest, Costs, and Expenses of Litigation. § 69. In tort actions interest as such held not to be allowed.-E. T. & H. K. Ide v. Boston & M. R. R. (Vt.) 401. VII. INADEQUATE AND EXCESSIVE DAMAGES. Ground for new trial, see New Trial, § 76. § 132. Damages for injuries to a lineman in excessive as far as above $17,500.-O'Brien v. defendant's employ by an electric current held J. G. White & Co. (Me.) 721. VIII. PLEADING, EVIDENCE, AND ASSESSMENT. (B) Evidence. Competency of expert, see Evidence, § 543%. § 168. In a personal injury action against a street car company, evidence of plaintiff's physical and nervous condition before the collision in which he was injured held admissible on the question of damages.-Atwood v. Connecticut Co. (Conn.) 899. § 173. In an action by a servant for a personal injury, certain evidence held inadmissible on the issue of damages.-Marshall v. Dalton Paper Mills (Vt.) 108. § 174. In an action against a railroad for loss of a mill by fire set by sparks from an engine, testimony as to the availability of water power as affecting the value of the mill was admissible.-E. T. & H. K. Ide v. Boston & M. R. R. (Vt.) 401. $174. In an action against a railroad for the loss of a mill by fire set by an engine, certain evidence as to the value of the mill held admissible.-E. T. & H. K. Ide v. Boston & M. R. R. (Vt.) 401. (C) Proceedings for Assessment. In condemnation proceedings, see Eminent Domain, 237. § 207. Whether certain questions as to the previous condition of health of one claimed to be suffering from a nervous shock, caused by personal injuries, related to the condition of his health at too remote a time to be admissible was for the discretion of the trial court. -Atwood v. Connecticut Co. (Conn.) 899. § 217. In an action against a railroad for | loss of property by fire, instructions held not misleading.-E. T. & H. K. Ide v. Boston & M. R. R. (Vt.) 401. (D) Computation and Amount, Double and Treble Damages, and Remission. Remission of excess as condition of denying motion for new trial, see New Trial, § 162. Review of amount of recovery, see Appeal and Error, 1004. § 227. In a suit on P. S. 5842, for treble damages for trespass, the trebling of the actual damages as found by the jury may be done by the court.-Guild v. Prentis (Vt.) 1115. DAMS. In nonnavigable waters, see Waters and Water Courses, §§ 53, 167, 177. DANGEROUS WEAPONS. Carrying weapons, see Weapons. DEAD BODIES. See Cemeteries. DEADLY WEAPONS. Carrying weapons, see Weapons. In pleading, see Pleading. DECLARATIONS. As evidence, see Evidence, § 271. DECREE. Use of in commission of homicide, see Homi- In equity, see Equity, §§ 422, 427. cide, § 145. DEATH. Dying declarations in prosecutions for homicide, see Homicide, § 203. Expectation of death as affecting character of note as will, see Wills, § 89. Ground for abatement of divorce suit, see Divorce, 83. Of devisee or legatee before gift takes effect, see Of partner, see Partnership, §§ 247-257. Revocation of power, see Powers, § 13. Testimony as to transactions with persons since deceased, see Witnesses, § 144. II. ACTIONS FOR CAUSING DEATH. (D) Pleading and Evidence. § 77. In an action for killing of a boy under age, some proof of the probable cost of maintenance during minority is indispensable, that the item should be deducted from his probable earnings.-Peters v. Bessemer & L, E. R. Co. (Pa.) 61. (E) Damages, Forfeiture, or Fine. § 95. The measure of damages stated in a death action by an administrator.-Lenkewicz v. Wilmington City Ry. Co. (Del. Super.) 11. (F) Trial, Judgment, and Review. § 103. Whether a failure by a mining company to provide an ambulance, as required by Act June 2, 1891 (P. L. 189), art. 7, § 1, whereby plaintiffs' son might have been promptly and carefully removed to his home after injury, was the cause of his death or his injury held for the jury. Lenahan v. Crescent Coal Mining Co. (Pa.) 58. DEBTOR AND CREDITOR. Judgments in general, see Judgment. DEDICATION. I. NATURE AND REQUISITES. to plan may use the streets and alleys shown § 19. A purchaser of a lot sold according thereon, and prevent by injunction their obstruction.-Jessop v. Borough of Kittanning (Pa.) 553. DEDUCTIONS. From compensation for performance of contract. see Contracts, § 234. From price of land sold, see Vendor and Purchaser, $174. From wages of employé, see Master and Serv ant, 73. Of benefits arising from condemnation of property from compensation, see Eminent Domain, § 145. DEEDS. Absolute deed as mortgage, see Mortgages, § 33. Deeds by or to particular classes of persons. See Husband and Wife, § 48. Assignees for benefit of creditors, see Assign- Married women, see Husband and Wife, § 193. Purchasers at judicial sales in general, see Judicial Sales, § 61. See Assignments for Benefit of Creditors; Attachment: Bankruptcy; Compromise and Set- Sheriffs, see Judicial Sales, § 61. tlement; Execution: Fraudulent Conveyances; Deeds of particular species of, or estates or inGarnishment; Insolvency; Novation; Payterest in, property. ment; Release. See Mines and Minerals, § 55. Debts of intestate, see Descent and Distribu- Married women's separate property, see Hustion, 142. band and Wife, § 193. See Officers, § 39. DEFAMATION. § 71. A grantor suing to set aside a deed because of an agreement to stifle a criminal prosecution held required to allege and prove that a crime had been committed which was See Libel and Slander. compounded, or the prosecution of which was stifled.-Ball v. Ward (N. J. Ch.) 158. III. CONSTRUCTION AND OPERA TION. Deeds of trust, see Trusts, § 131. (A) General Rules of Construction. (C) Estates and Interests Created. Construction and execution of powers, see Powers, §§ 16, 36. § 124. Certain deed by former lessor who has re-entered, held not to convey a fee simple. Link v. MacNabb (Md.) 825. $124. Habendum clause held ineffective to limit estate granted to life estate.-Link v. MacNabb (Md.) 825. (D) Exceptions and Reservations. Estoppel by reservation in deed, see Estoppel, $ 32. DEFAULT. Conclusiveness of default judgment, see Judgment, § 652. In performance of contracts in general, see Contracts, §§ 280-322. DEFEASANCE. Constituting absolute deed a mortgage, see Mortgages, 33. DEFECTS. In highways, see Highways, § 215. DEFENDANTS. See Parties, § 27. DEFILEMENT. DEFRAUD. Reservations of minerals and mineral rights, Of female, see Rape. see Mines and Minerals, § 55. § 138. Distinction between "reservation" in a deed and an "exception" therein defined.- 742. § 143. In construing an ambiguous reservation in a deed, it must be taken most strongly against the grantor. Sheffield Water Co. v. Elk Tanning Co. (Pa.) 742. (F) Loss or Relinquishment of Rights. § 182. That a deed is not recorded or is lost held ineffectual either to devest the legal estate or revest it in those appearing as owners of record.-Lake v. Weaver (N. J.) 451. IV. PLEADING AND EVIDENCE. DEGREES. Of crime, see Homicide, §§ 22, 23. DELAY. In transportation or delivery of goods, see Carriers, 105. Laches, see Equity, §§ 72, 84. DELEGATION. § 194. Where a deed delivered by grantor is Of legislative power, see Constitutional Law, § for the benefit of grantee, its acceptance will be inferred.-Lake v. Weaver (N. J.) 451. $194. Where a deed delivered by grantor has remained for many years in grantee's possession, its acceptance will be inferred.-Lake v. Weaver (N. J.) 451. $211. Evidence, in a suit to set aside a deed induced by the threats of the immediate arrest of a son of the grantor for obtaining money by false pretenses, held not to show that the money was obtained under false pretenses, and that the threats were threats of unlawful imprisonment.-Ball v. Ward (N. J. Ch.) 158. 63. DELIVERY. Of deed, see Deeds, § 194: Escrows. DEMAND. Element of conversion, see Trover and Conver- For termination of contract, see Contracts, § |