Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-12-26

the guilt Of thy accused sufficient to acquit
him. which, WITHOUT such proof, would not
have existed.
a. Evidence Sf good character is always
admissa BILE as circumstance favorable to
the accused, H. be considered by the jury
in connection tvith the other evidence bear
ing upon the question Of guilt or innocence
and given suCH weight as the jury believe IL
fairly entitled to. and when considered
II may be ifcient to create a reasonable
doubt when, kithout IT, none would exist
but the cond fusion Of the jury is TO be
drawn from he whole Of the evidence. and
when after living evidence OF good char
acter due weight. the proof still shows tho
accused TO y guilty beyond a reasonable
doubt, such evidence Of good character is
b. Non-insN uction alone on the question
Of evidences OF good character, In the alb
sence OF proffered instruction correctly
stating the law, is not reversible error
4. Certain requested instructions examined
and the refusal to give the same held not
prejudiCial error.
3. Errors assigned but not argued will be
considered waived.
1922 knights OF the MaCcabees against
Searle. Appeal from Lancaster. Affirmed.
i. Under section $500. Annotated STAT
utes, 1893, the auditor is not authorized
to issue a certificate of organization to a
society whose name or title so resembles
a title already in use in the state as to
have a tendency to mislead the public.
| insurance company contains a descriptive
word by which the society is generally
known to the public, to INCORPORATE that
/ name of a proposed new company must be
/ held to have tendency to mislead the
| public.
i4223 Barber against State. Error from
| Lancaster. Reversed. Sedgwck j.
| /. Under the law prior to the act of
! 1901 the district court Of the county of the
| conviction and sentence OF death Of per-
! son charged with a capital offense had
| jurisdiction, independent of statute, to In
| vestigate the question of the sanity of
! such convict; that jurisdiction has ny the
! statute been transferred to the judge OF
| the district court OF the county IN whicn
! the penitentiary is situated.
! 2. Under section Of chapter 100, Laws
| of 1901, il is the duty of the warden II a
| sentence of death appears to be insane.
! to give notice thereof to a Judge of the
district court of the county in which the
| penitentiary is situated. and ii such no.
| tice is given jury must be summoned
! ito inquire into such insanity"
! g. The jurisdiction Of the judge Of the
district court of Lancaster county to In
qure as 10 the sanity Of a convict CON
fined in the penitentiary under sentence
! of death does not depend upon the Civ
! ing of the notice by the warden. n it is
| alleged in a proper application 70 the
| judge, under oath. that the convict is in
| sane and that the warden unjustifably
/ refuses to give the statutory notice, 1t
| is the duty of the Judge to make such in
| Vestgation as will satisfy him whether
there are such appearances OF insanity
! as will justify summoning jury 10 try
the question.
l. If the judge upon such Investigation
! is satisfied that the warden was justified
1 in his refusal to give the notice, and that
| there are no substantial appearances OF
| insanity the application will be dis
| missed.
). II. upon investigation of the applica-
ton, the judge finds that the convict APP
! pears to be insane, jury should he en-
paneled to try the question of insanity.
! 1852. State cN rel Mickey against
Reneau Original. Writ denied. sedg.
| wick, ].
/. If statute is incomplete so that il
can not be complied with without add
tonal provisions that are not indca tee
by the act itself, the court can not sup
ply such defects SO as to give validity &C
the act
3 Chapter 176 of the laws of 1905, which
purports TO prescribe the method OF Sc
lecting iurles in counties having less thar
10000 inhabitants, is invalid because It:
requirements can not be complied with
The method provided is Impossible Of eX
ecution.