Omaha daily bee., 1909-05-22

KimbslL. Affirmed. Root, j.. Rose, j.. not
sitting.
i The Sonsti!stionai right to a trial b.
Is alleged to have been committed. IL 4
mere personal privilege OF the accused
which he VIII waive. II the Venue is
and he appears in the supreme court. AL
though the venue is not changed to an ad-
Joining county; stats re eH rel Scott against
q Error is not presumed and this court
will not reverse a conviction. because OF
alleged error In overriding challenges 70
Jurors for cause and because II is claimed
that defendant exhausted his peremptory
challenges on Jurors who should have been
excused for cause where the record does
not affirmatively support such assignment.
shumway against state. p. ante. decided his
term OF court.
8 X. after a fist fight with c.. drew a
revolver and fired twice at his antagonist,
who grappled with him and during the
struggle. the weapon while in KS hand
The court fully instructed the jury concern
ing all degrees Of homicide and the sub
ject Of self defense. Held, that II X. did
not act in self defense but purposely and
u~nlawfully in presenting his firearm, and
shooting at c., the last shot would refer
back TO the purpose with which X. com
titled to an instruction on the theory that
the killing was accidental.
examined and held to present the law
OF self-defense to the jury.
pT S1 A,leFeq attoT4eS heiSS "a n sn a to SsH.
PENDANT.
court to regulate the course Of business
during the progress OF trials. and during
an order made compelling counsel Tor
s sst6 Ss5ss IN II, S,v STim nTis.s case 2, to cirque que
V w%s pTejudlced s tSereSy. vHfi not aets sneitIs
defendant 70 a new trial
sci for the state and defense in a murder
trial to two hours and fifteen minutes on
a side within which 70 present their
granting a new trial, and especially where
the record does not disclose that at the
end OF the time limited counsel requested
8. 1t lie the duty OF counsel to obey
II counsel is o~Ontumaelous, the court
pline him and such fact will not so I'm
pede the course OF Justice as to entitle
defendant to a new trial.
State ex rel. the Minden Edison Electric
Light and Power Company against City of
M MT appeal from kearney. Reversed
realtors SpplicatIoni Calkins. g "s cnms
missioners' department.
l. The mayor and council of a city OF
the second class under 5000 inhabitants, II
not restricted by any rule adopted by them,
may reconsider their action In allowing a
claim against the city at any time before
the claimant has, in reliance upon their
action In allowing such claim, changed his
position to his own disadvantage.
z Section so OF the charter act of cities
or the second class under 5000 inhabitants,
providing that costs shall not be recovered
in an action against the city upon an un-
llquidated claim, unless the same is first
presented to the mayor and council for
audit, does not operate to make their &C.
ton upon such claim judicial, nor to give
their decision the effect OF a judgment
Griffin against Wiser. Appeal from
Cass. Reversed and remanded. Calklns,
e.; Root, j., not sitting. Commissioners
department.
/ In an action upon a note given for the
benefit OF a girl is years old, ostensibly to
compromise bastardy proceedings Instituted
by her against the defendants son, q de-
tense that a written agreement was signed
by her In which she unlawfully contracted
not to testify in a possible prosecution for
statutory rape, IL overcome by evidence
that the plaintiff did not understand the
meaning and effect of the written contract,
but signed the same upon the assurance
or the attorney that Il settled
nothing but the bastardy proceeding.
2 The settlement OF oastardy proceed
ings brought by an infant pregnant with
an Legitimate child In a sufficient con.
sideration for a promissory note, and II
is no defense to such note that the mother
and guardian OF such infant made an un
awful agreement not to prosecute the putA.
tive father for statutory rape unless such
infant knowingly participated in such un.
lawful agreement.