COSTS (Continued).

filed and prior to the determination of the motion to tax is in time. (Unwin v. Barstow-San Antonio Oil Co., 508.)

See Criminal Law, 13.

COUNTIES.

CONSTRUCTION OF BRIDGE BY CITY-LIABILITY OF COUNTY.-A county cannot be compelled by the provisions of section 2714 of the Political Code to pay a part of the cost of constructing a bridge built by a city over a river which forms the boundary line between the city and a road district of the county, where the board of supervisors expressly refused to participate in the construction, such refusal being a determination against its necessity as to the county, and the city's determination of necessity not binding the county. (City of Redding v. County of Shasta, 48.)

COURTS. See Juvenile Court; Police Court.

CRIMINAL LAW.

1. ROBBERY-EVIDENCE- REQUEST TO JOIN I. W. W.-In a prosecution for robbery, the admission of evidence that defendants locked the complaining witness in a room, requested him to join the organization known as the Industrial Workers of the World, and then ordered him to deliver over his money, was not prejudicial in so far as the testimony as to the organization was concerned, as the same showed a motive for the crime after refusal to join the organization. (People v. Tanner, 20.)

2. REFERENCE TO I. W. W.-INSTRUCTION-LACK OF PREJUDICE.-In a prosecution for robbery, no prejudice was suffered by defendants from the admission of evidence concerning the connection of the defendants with the organization known as the Industrial Workers of the World, and their attempt to force the complaining witness to join such organization, where the court instructed the jury to disregard all testimony not pertinent, and particularly concerning such organization. (Id.)

3. PRIOR CONVICTION FINDING.-Under section 1158 of the Penal Code, where a previous conviction of the accused is charged, the jury must, unless the answer of the defendant to the charge of a previous conviction admits it to be true, find whether or not he has suffered such previous conviction, and where the jury fail to make such specific finding, the omission is fatal to the judgment, unless the subsequent crime charged is itself one for the commission of which it is within the jurisdiction of the superior court to impose punishment. (People v. Franklin, 23.)

4. UNLAWFUL SALE OF ALCOHOLIC LIQUORS-PURCHASE BY DETECTIVEINSUFFICIENT DEFENSE.-In a prosecution for unlawfully selling

CRIMINAL LAW (Continued).

alcoholic liquor in no-license territory, it is no defense that the purchase was made by and at the instance of a person employed by the sheriff to ferret out illicit sellers of intoxicating liquors. (People v. Barkdoll, 25.)

5. EVIDENCE-REPUTATION OF DEFENDANT.-In a criminal prosecution, it is not error to refuse defendant's offer to prove that his reputation for truth and veracity was good, where there was no evidence introduced tending to show that it was bad. (Id.)

6. APPEAL FAILURE TO FILE BRIEF OR APPEAR ON HEARING-REMEDIES of Attorney-GENERAL.—Where the appellant in a criminal case fails to file a brief in support of his appeal, and his attorneys of record do not appear to argue the appeal when called for hearing, the attorney-general may either move, upon notice, to dismiss the appeal or submit the cause for decision upon the record. (People v. Wagner, 41.)

7. LARCENY-ACCOMPLICE-EVIDENCE-SUFFICIENT CORROBORATION.-In a prosecution for the larceny of a quantity of rope, a number of tents, and other articles, sufficient corroboration of the testimony of an accomplice to satisfy the demands of section 1111 of the Penal Code is found in the testimony of the wife of the party to whose premises the stolen articles were hauled, that she saw the defendant at her home that night, heard him ask her husband to go to the place where the articles had been left by the defendant and haul them to their home, and that she saw the articles there the following day. (Id.)

8. OBTAINING MONEY BY FALSE PRETENSES-AMENDMENT OF INFORMATION-AVERMENT OF MINOR PRETENSES-LACK OF PREJUDICE.-In a prosecution for obtaining money by false pretenses, it was not error to permit the district attorney to make an amendment to the information so as to include within its averments certain specific pretenses not set forth therein, in order that evidence thereof might be admitted, where the main inducing cause of the parting with the property is alleged in the information. (People v. Donaldson, 63.) 9. OPENING STATEMENT OF PROSECUTING ATTORNEY-WANT OF MISCONDUCT. In a prosecution for obtaining money by false pretenses, it was not misconduct for the district attorney to state that he expected to prove a conspiracy between the defendant and a so-called psychologist, and then not to introduce any evidence concerning such conspiracy, where the failure to introduce such evidence was due to inability to prove the conspiracy, and there was no showing made that the statement was made in bad faith. (Id.) 10. MISCONDUCT-WAIVER.-Objection to statement made by prosecuting attorney is waived where it was not assigned as misconduct and no request made to admonish the jury to disregard it. (Id.) 11. OMISSION TO PROVIDE FOR MINOR-GIVING OF BOND FOR SUPPORTORDER DENYING NEW TRIAL-APPEAL.-In a prosecution under sec

CRIMINAL LAW (Continued).

tion 270 of the Penal Code for willfully omitting, without lawful excuse, to furnish a minor with necessities, the giving of the bond for such support provided by section 270b of such code and the suspension of sentence does not deprive the defendant of the right to appeal from the order denying his motion for a new trial. (Smith v. McCallum, 143.)

12. SUSPENSION OF JUDGMENT APPEAL FROM ORDER DENYING NEW TRIAL. Under sections 1201, 1202, and 1237 of the Penal Code, an appeal may be taken from an order denying a motion for a new trial, although judgment has been suspended and not entered. (Id.) 13. COSTS-TRANSCRIPTION OF NOTES-MANDAMUS-ORIGINAL PROCEEDING IN APPELLATE COURT AFTER REFUSAL IN TRIAL COURT.-In an original proceeding in mandamus in the appellate court to compel a court reporter to make a transcription of his notes in a criminal case for the use of the defendant on appeal, the petitioner, if successful, is entitled to his costs, although the judge of the trial court refused to order the transcription on the ground that the defendant was not entitled thereto. (Id.)

14. CARRYING CONCEALED WEAPONS WITHOUT LICENSE-CONSTITUTIONALITY OF ACT OF 1917.-Section 3 of chapter 145 of the Statutes of 1917 (Stats. 1917, p. 221), providing that every person who carries in any municipal corporation any pistol or other firearm concealed upon his person without a license, shall be guilty of a misdemeanor, and of a felony if previously convicted of any felony or of any crime made punishable by the act, is a reasonable police regulation. (People v. Smith, 88.)

15. HEAVIER PENALTY FOR PREVIOUS OFFENDERS-ACT NOT CLASS LEGISLATION. Such act is not objectionable as class legislation, from the fact that it provides a heavier penalty for one who has been previously convicted of a felony than for one who has suffered no prior conviction, since it operates uniformly upon all persons in the same category and there being a reasonable basis for the classification. (Id.)

16. ACT NOT EX POST FACTO.-Such act is not, on account of the provision prescribing a heavier penalty for one previously convicted of a felony, an ex post facto law. (Id.)

17. CARRYING OF WEAPONS-SUBJECT FOR STATE REGULATION.-The subject of carrying weapons is a proper one for state legislation, and is not purely a municipal affair. (Id.)

18. INFAMOUS CRIME AGAINST NATURE-RECORD FREE FROM ERROR.On this appeal it is held the offense of the infamous crime against nature was charged in the information with legal sufficiency, the trial fairly conducted, the instructions complete and accurate, and the testimony as to guilt overwhelming and conclusive. (People v. Jacobs, 93.)

CRIMINAL LAW (Continued).

19. RAPE-EVIDENCE-SUBSEQUENT ACTS.-In a prosecution for rape, evidence of the commission of an act committed subsequent to the act selected as the basis of prosecution was admissible to show the lascivious disposition of the defendant toward the prosecuting witness, and the consequent probability of the commission of the selected act. (People v. Elgar, 114.)

20. OTHER ACTS OF SEXUAL INTERCOURSE-ERRONEOUS INSTRUCTION.— Where in a prosecution for rape there was evidence tending to show the commission of two acts upon different dates, and the information charged the commission of the earlier act and the district attorney selected such act as the one upon which he asked for a conviction, an instruction that it was not incumbent upon the prosecution to prove the exact time and place when the offense, for which the defendant was being tried, occurred, it being sufficient if the prosecution established the commission of the crime, beyond a reasonable doubt, at any time within three years prior to the filing of the information, was erroneous, although the court also instructed the jury that if they believed the defendant on or about the date charged did accomplish an act of sexual intercourse with the prosecuting witness, they should find him guilty as charged. (Id.)

21. FORGERY-VARIANCE-APPEAL.-In a prosecution for the forgery of a check, the contention that there was a variance between the charge made in the information and the proof, in that the defendant was not charged with making any indorsement on the check, when in fact the indorsement did appear on the check as exhibited, cannot be raised on appeal, where the testimony showing that defendant indorsed the name on the back of the check when he passed it came in without objection. (People v. Escalera, 212.)

22. EVIDENCE OF SUBSEQUENT FORGERY-PURPOSE-INSTRUCTION.-In a prosecution for forgery, error cannot be predicated upon the failure of the court to instruct the jury as to the purpose for which evidence of a subsequent forgery was received, where no instruction was offered by the defendant covering the matter. (Id.)

23. CONVICTION UPON SUSPICION-INSTRUCTION.-The refusal of the court to give an instruction that the defendant. could not be convicted upon mere suspicion, was proper, where the jury was fully instructed that they must find beyond a reasonable doubt that the acts charged against the defendant were committed by him. (Id.) 24. INJURY FROM FORGERY-INSTRUCTION.-An instruction that to constitute the crime of forgery it is not necessary that anyone should be actually defrauded, but that it is sufficient if the alleged forged check is of such a character that a person accepting it as true and genuine might suffer loss, is not objectionable. (Id.)

25. MURDER-EVIDENCE-ACCUSATION BY DECEASED DENIAL BY DEFENDANT.—In a prosecution for murder, testimony of witnesses that

CRIMINAL LAW (Continued).

the deceased shortly before his death accused the defendant of the commission of the crime, which the defendant denied, is inadmissible. (People v. Vogel, 216.)

26. SUSPICION OF COMMISSION OF CRIME-HEARSAY.-In such a prosecution, testimony of one of the witnesses to the accusation that he had been previously informed that defendant was under suspicion, and who had so informed him, is inadmissible, as hearsay. (Id.) 27. IMPEACHMENT OF EXPERT-TESTIMONY IN ANOTHER ACTION

PROOF BY STENOGRAPHIC REPORTER.-In such a prosecution, where the defense sought to impeach the opinion evidence of a witness for the state as to how long the odor of burnt powder could be detected in a discharged weapon, by showing that he testified differently in another action, the court reporter was a proper witness as to such testimony and had the right to use her stenographic notes to refresh her recollection.

(Id.)

28. MISCONDUCT OF COURT-PREJUDICIAL REMARK.-The statement of the trial judge, after examination of the stenographic reporter's transcript, that he found nothing in it to impeach the testimony of the witness, was uncalled for, and prejudicial to the rights of the defendant. (Id.)

29. INTOXICATING LIQUORS-SALE WITHIN NO-LICENSE TERRITORY-LOCATION OF PLACE-EVIDENCE-TESTIMONY OF COUNTY CLERK.—In a prosecution for the crime of keeping a place of public resort in nolicense territory for the purpose of sale therein of alcoholic liquor, testimony of the county clerk that the town in which the defendant kept such resort was outside of the boundaries of any incorporated city or town, and within a certain supervisorial district which had voted no-license, is sufficient to show that such place was within no-license territory. (People v. Pera, 292.)

30. APPLICATION FOR FEDERAL LIQUOR LICENSE.-In such a prosecution, the admission in evidence of a purported written application of the defendant for a federal liquor license without proof that the same was signed by him was erroneous, but without prejudice, where the other evidence sufficiently supported the verdict. (Id.)

31. OTHER SALES.-In a prosecution for the crime of keeping a place of public resort in no-license territory for the purpose of sale in such territory of alcoholic liquor, testimony as to a sale of liquor made by defendant fourteen days prior to the commission of the date charged is admissible to show the character of the place and the purpose of the defendant. (Id.)

32. INTENT TO COMMIT ACT-EXISTENCE IMMATERIAL.-In a prosecution for the crime of keeping a place of public resort in no-license territory for the purpose of sale in such territory of alcoholic liquor, it is not necessary to the consummation of the crime that an