A charge on simple assault held required un-
der the evidence on a trial for assault with
intent to murder.-Reyes v. State (Tex. Cr.
App.) 245.

Evidence held not sufficient to require submis-
sion to the jury of the issues of manslaughter
and self-defense.-Franklin v. State (Tex. Cr.
App.) 357.

In a prosecution for murder, certain evidence
held not to justify a charge on provoking the
difficulty.-Crow v. State (Tex. Cr. App.) 814.
In a prosecution for murder, facts held in-
sufficient to justify the qualification of a charge
on self-defense.-Crow v. State (Tex. Cr. App.)

814.

§ 11. Appeal and error.

In a prosecution for murder, admission in
evidence of the bloody clothing of deceased
held not cause for reversal.-Long v. State
(Tex. Cr. App.) 203.

HOSPITALS.

Railroad hospital association held a distinct
corporation from the railroad, and the latter
was not liable for the negligence of the for-
mer's physicians in treating a railroad em-
ployé. Illinois Cent. R. Co. v. Buchanan (Ky.)
312.

HOUSEBREAKING.

See "Burglary."

HUSBAND AND WIFE.

See "Divorce."

Action by wife for wrongful death of husband,
see "Death," § 1.

Appointment of receiver in suit to cancel deed
of trust of wife's separate
"Receivers."

property, see
Competency as witnesses, see "Witnesses," § 1.
Conveyance of wife's separate estate, see
"Deeds," § 1.

see

Excessive damages for injuries to wife,
"Damages," § 4.
Fraudulent conveyances between, see "Fraudu-
lent Conveyances," § 2.

Hearsay on issue of ownership of property as
between husband and wife, see "Evidence,"
§ 6.

Husband as trustee of wife, see "Trusts," § 2.
Interest on judgment in favor of trustee in
bankruptcy for community funds invested in
improvements on wife's separate property, see
"Interest," § 1.

Measure of damages for injury to married
woman, see "Damages," § 3.

Rights of survivor, see "Descent and Distri-
bution," § 1; "Homestead," § 3.
Rights of trustee in bankruptcy as to commu-
nity property, see "Bankruptcy," § 2.

§ 1. Mutual rights, duties, and liabili-

ties.

The children of a husband and wife, to whom
land had been conveyed, take on the wife's
death a half interest in the land, and share with
the husband's children by a second wife on his
death in the other half.-Campbell v. Asher
(Ky.) 1067.
§ 2.

Conveyances, contracts, and other
transactions between husband
and wife.
Where a husband advances money to pay
for land. title to which is taken in his wife's

88 S.W.-75

A wife, who merely signs notes of her hus-
band as his surety, does not charge her separate
estate.-Bowron v. Curd (Ky.) 1106.

A conveyance of real estate by a husband
to his wife makes the land conveyed her sep-
arate estate, irrespective of whether the deed
specifically so declares.-Jones v. Humphreys
(Tex. Civ. App.) 403.

The separate property of a wife cannot be
sold to reimburse the community estate for
improvements made out of community funds.
-Collins v. Bryan (Tex. Civ. App.) 432.

A wife who had joined in deed of trust on
her separate property held, as to certain por-
tions of the debt, not released, under Sayles'
Ann. Civ. St. 1897, art. 2970, by the husband's
extension.-De Barrera v. Frost (Tex. Civ.
App.) 476.

The insolvency of a husband does not affect
the rule that a contract or extension of his
debt, not participated in by the wife, dischar-
ges her property which stands as surety for
the debt.-De Barrera v. Frost (Tex. Civ. App.)
476.

Certain provisions in a deed of trust given
by a husband and wife on her separate property
to secure his debt held not to have authorized

him to make extensions so as to deprive her
of any rights she might have by reason of an
extension not participated in by her.-De Bar-
rera v. Frost (Tex. Civ. App.) 476.

A husband has no authority to extend any
indebtedness secured by a mortgage on the
wife's separate property.-De Barrera v. Frost
(Tex. Civ. App.) 476.

§ 4. Actions.

Burden held on the wife to show, as against
creditors of the husband, that funds used in
purchases and investments were not furnished
by the husband.-Sharp v. Fitzhugh (Ark.) 929.

A husband may recover damages for breach
of a contract made with him for the erection
of buildings on his wife's land.-Simons v.
Wittmann (Mo. App.) 791.

§ 5. Community property.

No presumption arises that improvements
erected by a husband out of community funds
on land which is the separate property of his
wife are a gift, in the absence of evidence to
show such intention.-Collins v. Bryan (Tex.
Civ. App.) 432.

In a suit by a wife to cancel a deed of trust
given by her and her husband on her separate
property to secure his debt, the authorizing of
a receiver to rent the property and collect the
rents held not erroneous.-De Barrera v. Frost
(Tex. Civ. App.) 476.

IDENTIFICATION.

Of defendant on prosecution for burglary, see
"Burglary," § 1.

For particular offenses.

See "Arson"; "Burglary," § 1; "False Pre-
tenses"; "Forgery"; "Homicide," § 6;
"Larceny," § 2; "Rape," § 2; "Robbery."
Establishing or keeping lottery, see "Lotteries,"
§ 1.

1. Filing and formal requisites of in-
formation or complaint.

An information for arson held sufficient as
to the venue, under Rev. St. 1899, § 2527.-
State v. Hunt (Mo. Sup.) 719.

Information held sufficient, without repeating
venue in verification.-State v. Bailey (Mo.
Sup.) 733.

The omission of the seal of the court to the
jurat of the clerk does not invalidate the veri-
fication of an information.-State v. Forsha
(Mo. Sup.) 746.

§ 2. Requisites and sufficiency of accu-
sation.

An indictment for murder held sufficient.-
Newman v. Commonwealth (Ky.) 1089.

§ 3. Issues, proof, and variance.
Under Code Cr. Proc. 1895, art. 420, it must
be shown that an offense was committed prior
to the presentment of the indictment.-Moore
v. State (Tex. Cr. App.) 228.

INFERIOR COURTS.

INDIANS.

Act Cong. July 1, 1902, c. 1362, §§ 31-33, 32
Stat. 646-648. providing for the establishment
of a Choctaw and Chickasaw citizenship court
of the Indian Territory, etc., held constitutional.
-Wallace v. Adams (Ind. T.) 308.

INDICTMENT AND INFORMATION.
Presentation of objections for purpose of re-
view, see "Criminal Law," § 22.

INFORMATION.

Criminal accusation, see "Indictment and In-
formation."

INHERITANCE.

See "Descent and Distribution."

INHERITANCE TAX.

915.

7. Actions on policies.

Under the express provisions of Kirby's Dig. 8
4381, if plaintiff in an action on an insurance
policy suffers nonsuit, he may commence a new
action within one year after such nonsuit.-
American Cent. Ins. Co. v. Noe (Ark.) 572.

In an action on a life policy, evidence held
to warrant a finding that insurer's general
agent accepted notes in lieu of cash payment of
a premium on the policy.-Mutual Life Ins.
Co. v. Abbey (Ark.) 950.

An instruction in an action on a life policy
held to correctly submit to the jury the issue
whether the insurer's general agent accepted
notes in lieu of cash payment of the premium
on the policy.-Mutual Life Ins. Co. v. Abbey
(Ark.) 950.

In an action on an accident policy providing
for double payments if insured was injured
while a passenger on a street car, evidence held
to justify submission to the jury of the ques-
tion whether plaintiff was a passenger at the
time he was injured.-James v. United States
Casualty Co. (Mo. App.) 125.

§ 8. Mutual benefit insurance.

A fraternal beneficial association doing busi-
ness in Texas will be presumed, in the absence

chaser," § 2.

Pecuniary interest in particular subjects.
Effect as to credibility of witness, see "Wit-
nesses," § 3.

1. Rights and liabilities in general.
Husband's trustee in bankruptcy held not
entitled to interest on a judgment for the
amount of community property of bankrupt
invested in improvements erected on separate
property of bankrupt's wife.-Collins v. Bryan
(Tex. Civ. App.) 432.

8 2. Time and computation.

Under Rev. St. 1899, § 3705, contingent at-
torney's fee held to become due on and bear
interest from the final determination of the
case.-Morrow v. Pike County (Mo. Sup.) 99.

INTERLOCUTORY JUDGMENT.

Appealability, see "Appeal and Error," § 1.
INTERNATIONAL LAW.

See "Aliens"; "Treaties."

INTERROGATORIES.

See "Commerce," § 1.

INTERSTATE COMMERCE.

INTERVENTION.

the World (Tex. Civ. App.) 259.

§ 2.

The holder of a certificate against a mutual
benefit association held entitled to enforce his

INTESTACY.

INTENT.

Criminal, see "Burglary," § 1; "Robbery."
Of parties to contract, see "Contracts," § 1.

INTEREST.

Authority of agent to collect interest as evi-
dence of authority to collect principal, see
"Principal and Agent," § 2.

On particular classes of liabilities.
See "Bills and Notes."

County warrant, see "Counties," § 3.
Damages for wrongful death, see "Death," § 1.
Funds of ward, see "Guardian and Ward," § 1.
Money collected by attorney, see "Attorney
and Client," § 2.

INTOXICATING LIQUORS.

Absence of witness as cause for continuance
in action on liquor dealer's bond, see "Con-
tinuance."
Adoption of local option as ground for termina-
tion of lease of premises for saloon purposes,
see "Landlord and Tenant," §§ 1, 3.
Argument and conduct of counsel in prosecu-
tion for offense against liquor laws, see
"Criminal Law," § 16.

Best and secondary evidence of vote cast at
election on license question, see "Evidence,"
§ 3.

Hearsay in prosecution for violation of liquor
law, see "Criminal Law," § 9.

Judicial notice of local option laws, see "Crimi-
nal Law," § 6.

Presumptions in action on liquor dealer's bond,
see "Evidence," § 1.

Reception of evidence in prosecution for offense
against liquor laws, see "Criminal Law," § 15.
Duty of excise commissioner to make and cer-
tify record in relation to granting dramshop
license, see "Certiorari," § 2.

1. Local option.

election commissioners, certificate to which does
not cover the question of license. - State v.
Songer (Ark.) 903.
Under Sayles' Ann. Civ. St. 1897, art. 3393,
a local option election, held more than two
years after the last preceding election, is not
invalid because the result of the preceding elec-
tion was published within two years.-Ex parte
Smith (Tex. Cr. App.) 245.

An order for a local option election may be
made either at a regular or special session of
the commissioners' court.-Koch v. State (Tex.
Cr. App.) 809.

2. Licenses and taxes.

A liquor license is a mere privilege, subject
to revocation.-Sarlo v. Pulaski County (Ark.)
953.

A county court, authorized to issue licenses
for the sale of liquors, held empowered to im-
pose a condition forfeiting the license on the
licensee violating the law.-Sarlo v. Pulaski
County (Ark.) 953.

*Under Kirby's Dig. § 5120, a county court,
authorized to issue licenses, held required to
treat alike all applicants possessing the legal
qualifications.-Sarlo v. Pulaski County (Ark.)

953.

The posting of notices for the application
for a liquor license held not a compliance with
Ky. St. 1903, § 4203.-Commonwealth v. Red-
man (Ky.) 1073.

*Ky. St. 1903, § 4203, held to authorize the
county court to grant liquor licenses only in
the case the proper notice for the application
therefor has been given.-Commonwealth v.
Redman (Ky.) 1073.

Transaction held to constitute a transfer of a

dramshop license within the prohibition of Rev.
St. 1899, § 2992.-Sawyer v. Sanderson (Mo.
App.) 151.

Contract, including as an indivisible part |
thereof the transfer of a liquor license, held
void under Rev. St. 1899, § 2992, and other
provisions of the dramshop act.-Sawyer v.
Sanderson (Mo. App.) 151.

Under Rev. St. 1899, §§ 2993, 2997, where a
petition was filed for dramshop license in May,
1904, and was not acted on until January, 1905,
the commissioner was without jurisdiction to
grant a license to continue for a term of six
months from the latter date.-State ex rel.
Sager v. Mulvihill (Mo. App.) 773.

3. Offenses.

In a prosecution for violating the local option
law, held error to refuse an instruction that the
defendant was not guilty if the liquor sold was
a medical preparation, and was not an intoxi-
cating liquor when drunk in such quantities as
could be practically drunk.-Pearce v. State
(Tex. Cr. App.) 234.

Defendant held not guilty if the liquor sold
contained various drugs as ingredients, and the
intoxication of a person taking it was the re-
sult of the drugs, and not of any intoxicating
liquor contained in the preparation.-Pearce
v. State (Tex. Cr. App.) 234.

Defendant held guilty of violating the local
option law. Sliger v. State (Tex. Cr. App.)
243.

for the revenue license on the brandy, he was
guilty of a sale of intoxicating liquor.-Barnes
v. State (Tex. Cr. App.) 804.

Where the owner of fruit has it manufactured
into liquor, receiving the product of the identi-
cal fruit furnished, the distiller is not guilty
of a sale of liquor; but if the fruit is ex-
changed for liquor already manufactured, or
if the distiller furnishes the owner of the fruit

liquor in advance, the transaction is a sale.-
Barnes v. State (Tex. Cr. App.) 805.
§ 4. Criminal prosecutions.

Proof of selling "beer" to a minor without
proof that it was intoxicating, does not warrant
conviction.-Cassens v. State (Tex. Cr. App.)

229.

On a prosecution for the sale of intoxicating
liquor on Sunday in violation of Pen. Code 1895,
art. 199, whether sale of a lunch in connection
with a purported gift of the liquor was in fact
a sale of the liquor held a question for the jury.
—Savage v. State (Tex. Ĉr. App.) 351.

In a prosecution for violation of the local
option law, evidence held to require submission
to the jury of the question whether the trans-
action was a sale or a gift.-Barnes v. State
(Tex. Cr. App.) 805.

In a prosecution for violating the local op-
tion law, testimony that witness had drunk
liquor at the same place some years before the
sale in question held inadmissible.-Rutherford
v. State (Tex. Cr. App.) 810.

In a prosecution for violating the local op-
tion law, evidence of prior sale of certain liquid
held inadmissible to prove the intoxicating
property of the liquid in question.-Rutherford
v. State (Tex. Cr. App.) 810.

In prosecution for violating local option law,
charge held to improperly place the burden of
proof of nonintoxicating character of liquor
sold on defendant.-Rutherford v. State (Tex.
Cr. App.) 810.

In a prosecution for violating the local option
law, requested instruction on the properties
of the drink sold should have been given.-
Rutherford v. State (Tex. Cr. App.) 810.

JOINDER.

JOINT ADVENTURES.