Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-10-05
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: Important Decisions :
cR1MEs-JEoPARDY.

CRIMES-JEOPARD
Respondent was indicted for lar
ceny. On the trial, after the jury was
sworn and counsel had made their OPP
ening statements, but before any les-
timony was taken, the case was az
journed until the next morning. ne
next morning one Of the jurors WaS
ill and the case was again adjourned.
Counsel for respondent desired tnat
another juror be orawn from the reg
ular panel. The court stated as put
five days remained of the term, ne
would discharge the eleven Jurors
from further consideration OF the
case Held, that respondent was no;
placed in jeopardy by the proceedings.
People VS.. Hutchings, II D. l.. N, $40
(Mich.).
TESTAMENTARY TRUSTS.
Testator devised his property to
trustees, to permit his sister, during
her life, to use testator's mansion
house, and required the trustees to
pay taxes and assessments thereon
during the term of the sisters life. or
until the premises should be sold UNI
der a power given to the trustees.
Another provision declared that, OH
testator's youngest child coming OF
age, the trust property should be con-
veyed to such of testator's children
as were then living, and to the issue
then living Of such as We're deceased,
to have and to hold the same to them
and their heirs and assigns in fee.
Held. that on testators youngest child
coming of age prior to the death OF
testator's sister, the trust terminated
as to all property except that in which
the sister had a life estate, and such
as was necessary to be held by the
trustees for the payment of taxes and
assessments on such premises. WIZ
liams VS.. Thacher, II N. E. SCI (Mass.)
ADVERSE POSSESSION.
The city of Boise City erected a fire
engine house on it's own lot and on a
small fraction of an adjoining lot, and
maintained such house there for about
twenty years, and in the meantime as
sessed for taxation such fractional part
of the adjoining lot with t. -emain-
ing part thereof to the owner, and col
lected and received such taxes and
charges for street paving, sidewalk.
sprinkling and other city purposes.
This bill was filed for the purpose of
quieting title to said fractional part of
the adjoining lot, the city claiming
ownership by adverse possession. Held,
that the city is estopped from claiming
title thereto inasmuch as it assessed
said property to the owner and collect
ed the assessments, etc.
~ CRIMES-SENTENC
Respondent was convicted Of a felony
and sentenced to the penitentiary I'M
der the indeterminate sentence law of
1908. The crime of which he was con-
victed was committed before the enact
ment Of the law, but his trial. convic-
ton and sentence were had thereafter.
Respondent appealed, asking that the
sentence be set aside, and he be dis
charged and set at liberty, because as
to him, the law under which he was
sentenced is ex post racto. The law
providing for the punishme-. of the
offense when it was com,.1lted made
provisions for a scale of credits to be
given for good behavior. The act Of
1903 did not contain any such provi-
sions. Held, that the act of 1903 was
ex post facto as to respondent and
that the sentence should be set aside,
but that respondent may thereafter be
properly sentenced, notwithstanding
the fact that he had served part Of the
voidable sentence.
State VS.. Tyree, II Pac. 290 (Kan-
sas.)
TAXES-SETTING ASIDE SALE.
Petitioner became the owner of land
in 1893. He allowed it to be sold in
1896, 1897 and 1898 for taxes of 1892,
1898 and 1894, respectively, and the
taxes for these years were never paid
by petitioner. One of the defendants
paid the taxes for 1898 and subsequent
years. Petitioner filed petition to
set aside the sales Of 1892 to 1894 with
in eight months after he learned that
defendants had bought the timber two
years before, and had bought the land
six years before. Held, that petitioner
was guilty Of laches and would not be
permitted to open decree selling the
lands.
Bending VS.. Auditor General. II D. L.
N. $40 (Mlch.)