The record-union., 1898-07-19
SUPREME COURT DECISIONS.
SYLLABI.

Filled July 1, 1889
People, respondent; John Miller, ap-
pellant. Murder. Affirmed.
Where one party kills another while
in pursuit of a third, his purpose or
intention in pursuit of the third party
is material and. important evidence on
the trial. The attempt to kill one or
the killing of the other are parts of one
continuous transaction.
Entering a house for the purpose OF
committing murder is burglary under
Section 459 of the Penal Code, which
provides that every person who enters
a house, etc, with intent to commit
grand or petit larceny, or any felony,
is guilty of burglary"
Section 1S9 makes murder committed
in the perpetration or attempt to per-
petrate arson, rape, robbery, burglary
or mayhem, murder of the first degree.
Grim, No. 436-In Bank-Filed July b,
1889
In the matter of the disbarment or
Edgar B. Raymond Accusation dis
missed.
There is no moral turpitude in an at
torney receiving the confession of a
criminal, if no inducements or threats
We're used to obtain it, and, having it,,
giving it for publication, where the at
torney is not employed in the case in
his professional character.
(Sac., No. 423-Department Two-Filed
July Z, 1899
In the matter of the estate of John
w. Mitchell, deceased. Grace Mathew
son eft al, respondents; Henry f. Geer
ct al, executors, ETC., appellants. Order
of partial distribution reversed.
Section 1868. c. c. p, provides that
any heir devisee or legatee may, at
any time after the lapse of one year
from the issuance of letters testament
airy or of administration, apply by petit
tion upon notice for the distribution to
him of the net proceeds of the share Of
the estate to which he will be entitled.
Before receiving his share he must give
bond as required by Sections 1908
and 1861, provided, that where the
time for fling or presenting claims has
expired and all claims that have been
allowed have been paid, or are secured
by mortgage upon real estate sufficient
to pay them and the court is satisfied
that no injury can result to the estate,
the court may dispense with the
bond" Held, therefore, that it is only
in cases where the time for presenting
claims has expired and all claims al
lowed have been. paid or are secured by
mortgage, etc, that the court is author
lied to dispense with the bond
(Sac., No. 452-Department Two-Filed
July Z, 1889
In re estate of William Murdock, de-
ceased. Order settling executors ac-
count affirmed
Where, for reasons best known to
themselves, the executors object to dis
closing the particulars Of certain items
in their account, SO that the court can
not sufficiently investigate the items to
enable it to determine whether they
should be allowed, the court has power
to retire the items from the account
with leave to the executors to restate
them in some future account, and the
executors are not prejudiced by the
action of the court in settling the ac-
count in this way.
(Sac., No. 2S9-In Bank-F'iled July 9,
1899
Studer, appellant; Southern Pacific
Company, respondent. Damages for
death of plaintiffs son. Affirmed.
The fact that train Of cars is un-
lawfully blocking a crossing is no
reason why a person should throw
himself under the wheels or recklessly
expose himself to danger. He is bound,
notwithstanding such acts of negli-
gence, to exercise proper care and pru-
dence, and If he fails to do so he can
not hold another responsible for an
injury which may be fairly traced to his
own negligence.
The law imposes upon minors the
duty of giving such attention to their
surroundings and care to avoid danger
as may fairly and reasonably be ex-
pected from persons of their age and
capacity. A child is required to exer-
else the same degree Of care that would
be expected from children of his age
or which children Of his age ordinarily
exercise; and the court is as fully au-
| thorized as jury to determine what
this degree of care is.