None
327 ORDINANCE Violation right to Jury trial, 68 OUTSIDERS In jury room In general, 548 Statements of outsiders to Jury, 551 Communications of Jurors, 554 OWN WITNESS Impeachment in general, 365 Refreshing memory, 367 States attorney may cross.-examine, 388 PANELS OF FOUR Plaintiff to pass upon first four, 227 Examination by party breaking panel, 228 Acceptance as affecting right to challenge, 229 Waiving of right, 230 Effect of irregularity on appeal, 230 PAROLE ACT Conviction of crime not enumerated in, 17 PARTICIPATION Of party in misconduct of Jury, 568 PARTICULAR OFFENSE Prejudice of juror against, 262 PARTICULAR TEKDICTS See Declaration; Construction of Verdicts Criminal action, 647 Effect as acquittal, 647 When should fix punishment, 648 Place of confinement, 648 Age of defendant, 649 Value of property, 650 Clerical error, 650 Abduction, 650 Abortion, 650 Assault with deadly weapon, 650 Assault with intent, 651 750 INDEX [references are to pages] FABTICULAB J EBD1CT» —Continued Conspiracy, 651 Corporate name, 651 Embezzlement, 651 Habitual criminal act, 651 Indecent liberty with child, 652 Indeterminate sentence, 652 Intimidation of workmen, 652 Kidnapping, 652 Larceny, 652 Murder, 652 Prostitution, 653 Rape, 653 Receiving stolen property, 654 Robbery, 654 FABTICULABS, BILL OF, 145 FABTISAKS Cross-examination, 400 FABTITION Right of trial by jury, 59 FABTNEBSHIF Accounting by surviving partner Right of trial by jury, 58 FABTY TO SUIT Cross-examination, 399 Leading questions, 349 FABTY TO SUIT FEITDING As ground of challenge, 259 FASSI05 Aim FBEJUDICE Appeal to, in argument, 504 FATEBMTY Exhibition of child to show, 410 FECUKIABY INTEBEST As ground of challenge, 259 Of witness, 396 FEBEMPTOBY CHALLENGES Defined, 271 Object in allowing, 271 Right to exclude juror, not select, 271 Right is one conferred, 272 Manner of exercise, 273 Examination By counsel, 274 By court, 274 INDEX 751 [BEFERENCES ARE TO PAGES] P£K£MPTOR¥ CHALLENGES— Con h'ntied Number allowed Criminal action, 275 Joint defendants, 276 Rights of state, 276 In Justice courts, 277 Civil action Courts of record, 277 Joint defendants, 277 Eminent domain proceedings, 278 Justice court, 278 Time of challenge Common law, 279 After acceptance panel of four, 279 Before acceptance, 280 After swearing of juror, 280 After acceptance of Jury, 280 Number in Jury box, 280 Where Juror is excused, 281 Erroneous overruling challenge for cause, 281 PEREMPTORY INSTRUCTIOIfS, 525 Directing verdict, 451 PERSOIfAL KNOWLEDGE OF ATTORNEY Use of in argument, 481 PERSONAL KNOWLEDGE OF JUROR Arguing for verdict upon* 502 PHOTOGRAPHS Admissibility in evidence, 416 Scene of accident, 417 Of injury, 417 Machinery, 417 Persons, 418 Documents, 418 Real property, 418 Preliminary proof, 418 In Jury room, 418 PHYSICAL EXAMINATION Injury to person, 421 Power of court, 421 Voluntary exhibition, 421 Question concerning, 422 PHYSICAL EXHIRITS, 400 PHYSICAL INCAPACITY Of Juror, 260 752 INDEX [REFERENCES ARE TO PAGES] PLEA Inconsistent permissible, 642 Argument of counsel Withdrawal of, 461 Confession and avoidance, 462 Interpleader, 463 PLEA IN ABATEMENT Assessing damages Swearing Jury, 288 Duty of Jury, 631 PLEA OF ACCUSED See Arraignment and Plea In general, 135 Not guilty, 136 Guilty, 139 PLEADINGS Use of, 299 Admission in evidence, 301 Former pleadings, 301 Stipulations as to evidence, 308 Argument of counsel, 480 As affecting right to open and close, 461 Inconsistent, 642 POLLING JURT Defined, 679 Object, 680 Right, 680 Where verdict directed, 681 When motion made, 681 Form of interrogatory, 682 Waiver, 682 Sealed verdicts, 661 POSITIVE OPINION As ground of challenge, 232 PREJUDICE Orounds for challenge Against capital punishment, 260 Against circumstantial evidence, 260 Against corporations, 261 Against crime, 261 Against particular offense, 262 Against person charged with offense, 264 Against party's business. 265 Race prejudice, 265 INDEX 7W [references are to pages) FR£S£XC£ OF ACCUSED Right and necessity, 125 Felonies, 125 Misdemeanors, 127 Waiver, 127 Voluntary absence, 127 Record, 129 Must show presence, 129 Presumption, 129 PRESENCE OF JUDGE During argument, 101 Delegation of power, 102 Absence construed, 102 During selection of jury, 225 PRESENCE OF JURT Offer of evidence, 313 Praliminary examination of interpreter, 405 PRESUMPTION Of presence of accused, 129 Of arraignment, 134 Of explanation of plea of guilty, 140 Of performance of duty by officers in summoning jurors, 179 (Swearing jury, 290) Drawing and summoning jury, 179 Innocence of accused, 382 Special verdict, 620 PRETIOUS CONVICTION, 188 PREVIOUS SERVICE AS JUROR Service within one year, 266 Service involving same facts, 267 PRINCIPAL CHALLENGES, 216 PRINTED INSTRUCTIONS, 527 PRIVATE COUNSEL Assisting state, 120 PRIVILEGE Of making opening statement, 293 PRIVILEGE OF ITITNESS In general Right to claim, 371 Extent of privilege, 372 Constitutional right, 373 4S 754 INDEX [REFERENCES ARE TO PAGES] PRITILKGE OF WITNESS —ConttnMed Personal privilege, 373 Must specifically claim, 374 When may be compelled to answer, 374 When prosecution barred, 374 Evidence merely tending to degrade, 375 Duty of court, 375 Incriminating documents, 375 Grand jury inquisitions, 376 Coroner's proceedings, 376 Bill of discovery, "376 Voter, 376 Immunity, 376 Waiver, 377 Accused, 380 PBOBATE COUBTS Right of trial by jury, 26 County courts sitting in probate, 27 Appeal from, 30, 33, 61 Administration In general, 31 Account by administration, 31 Ademption, 32 Advancement, 32 Concealed assets and inventories, 32 Claim by surviving partner, 33 Heirship, 34 Widow's award, 34 Claim against estate, 34 Assignment, 35 Bastardy, 37 Guardianship, 53 Lunatics, 57 Partnership, 58 Probate of wills, 61 Appeals to circuit court, 61 Receiving plea of guilty at probate terms, 78 Drawing and summoning jury, 183 Claim against estate, 185 Peremptory challenges, 277 Claim against estate in Jury room, 606 PBOBATE OF WILX See Administration Right of trial by jury, 62 PBOBATE TEBMS COUNTY COUBT Drawing and summoning jury, 183 PBOCURING ATTENDANCE OF J1:B0B8, 1«9 INDEX 755 [REFERENCES ARE TO PAGES] FBOMISE TO GONITECT, 820 FBOPERTT See Freeholders PROSECUTING ATTORNEY See States Attorney PROSECUTION Attorneys assisting, 120 PROSTITUTION Harboring female for purpose of Form of verdict, 653 PROTECTION OF WITNESSES Duty of court, 108 PUBLIC POLICY Motion to direct verdict, 450 PUBLIC TEBDICT Verdict must be pronounced in open court, 664 Reception of verdict, 667 PUBFOSE Bill of particulars, 146 01 cross-fcxamination, 391 Q QUESTIONING WITNESSES See Reception of Evidence; Examination of Witnesses QUOTIENT TERDICT Right to experiment, 676 Preliminary agreement, 677 Affidavits to show, 677 Memoranda from jury room, 677 Polling jury on issue, 678 Counter affidavits, 678 QUO WARRANTO Right of trial by jury, 59 R RACE Exhibit of the person to show, 410 RACE PREJUDICE Disqualification of juror, 265 RAPE Form of verdict, 653 756 INDEX [references are to pages] READING INDICTMENT To accused, 132, 198 READING LAVf By attorney In argument, 483 REASONS FOR EMPLOYING ATTORNEY Inquiry of witness, 400 REASONS FOR NOT CALLING WITNESS Statement by attorney, 500 REBUTTAL Evidence defined, 324 Time of offer, 324 Evidence in chief on rebuttal, 325 Improper evidence in rebuttal, 327 Sur-rebuttal, 327 Impeaching or sustaining witness, 328 Leading questions, 352 RECALLING WITNESS Further cross-examination, 335 Correction of testimony, 336 Cumulative evidence, 336 Recalling by court, 336 RE( EIVLNG STOLEN PROPERTY Form of verdict, 654 RECEPTION OF EVIDENCE In general, 305 As afTected by opening statement, 307 Evidence competent for any purpose, 307 As afTected by stipulation, 307 As affected by admissions, 308 Uncontroverted fact, 309 Documentary, 310 Offer of evidence, 310 Right to make offer, 310 Necessity of offer, 310 Re-offer, 312 rvjd<-nc(* admissible in part, 312 Prcsrnce of jury, 313 Form of offer, 314 Time of offer, 316 Order of proof, 317 Rul-s ard rrnrtice. [REFERENCES ARE TO PAGES] RECORDING VERDICT '^ Record controls, 669 Lapse of term, 669 " ^ The paper writing, 669 ^ Signing writing, 670 ' \ RE-DIRECT EXAMHTATION Discretion of court, 401 Should be limited to cross-examination, 401 Irrelevant cross-examination, 401 New matter, 401 Whole of conversation, 401 Leading questions, 3^2 RE-EXAMUTATIOir OF JUROR, 226 REFERENCE TO INDICTMENT Of verdict, 643, 647 REFRESHING MEMORY Use of memorandum, 361 Witness testimony matter of surprise, 367 REFRESHMENTS FOR JURY, 558 REGULAR PANEL Drawing of jurors, 168 Filling panel, 171 When exhausted, 174, 175 Duty of clerk during term, 176 RELATIONSHIP Of interpreter, 405 As ground of challenge, 244, 265 REMARKS OF JUDGE In general, 109 Opinion on facts, 110 Comments on witnesses, 111 Comments on nature of evidence, 112 To witness, 113 On matters of law, 114 Admonishing accused, 114 To another jury, 115 To counsel, 115 Hastening verdict, 116 Complaint of consumption of time, 116 RE-OFFER Of evidence, 312 * I ' J INDEX 759 [BEFEBENCES ABE TO PAGES] BE-OFENING CASE Generally, 337 After party has rested, 337 After both parties have rested, 338 After evidence closed, 338 After motion to instruct jury, 339 After arguments begun, 339 After instructions read, 339 After case submitted, 339 After finding announced, 339 Cause taken under advisement, 340 Notice, 340 Re-opening case second time, 340 BEFETITIOir Of questions, 348, 393 Of instructions, 535 SEFLETIN Verdict of Jury, 641 BEFLT ARGUMENT, 471 SEFUTATIOir Impeachment by, 369 Limiting number of witnesses, 334 BESFONSITEinBSS OF AJTSWEB Examination of witness, 348, 393 BESFONSIYENESS OF TEBBICTS See Particular Verdicts Civil actions, 634 Presumption, 634 In general, 635 Certainty, 636 Conformity, 636 Inclination of courts, 636 Irregular and informal verdicts, 637 Capricious verdicts, 637 Inconsistent verdicts, 637 Illogical amount, 637 Variance, 637 Misnomer, 638 Consolidated suits, 638 Special and common counts, 638 When issues are same, 638 Rule as applied to parties, 638 As applied to amounts, 638 One count, difTerent causes of action, 639 Several counts, same cause of action, 639 760 INDEX [REFERENCES ARE TO PAGES] R£8P0NSIV£N£HS OF \EKDIVTH —Continued Specification as to counts, 639 Confusion of counts, 639 One good count, 639 Where any defective counts, 640 Misjoinder of counts, 641 Inquisition of damages, 641 Where verdict directed, 641 Replevin, 641 Attachment, 642 Several pleas or issues, 642 Refusal to receive, 642 Criminal, 642 In general, 642 Indictment containing several counts, 644 Separate counts, same offense, 644 Separate counts, different offenses, 645 Count charging different offenses, 646 Offense of the highest grade, 646 Reference to good counts, 646 Eliminated counts, 646 Specification of counts, 647 Reference to indictment, 647 One of several defendants, 647 BE-SWEARING OF JURY After formation of plea, 290 Substitution of Juror, 284 BETALIATOBT REMARKS By counsel in argument, 515 RETIRING OF JURY Jury need not retire to render verdict, 627 RETURNING TERDICT Oral verdict, 660 Written verdict, 661 Sealed verdict, 661 Public verdict, 663 Reception of verdict, 667 The paper writing, 669 REVENUE Right of trial by Jury, 60 RIGHT OF TRIAL BT JURY Constitutional provision, 10 Same right as at common law, 10 Criminal, 12 INDEX 761 [repebences are to pages] KKiHT OF TRIAL BY JURY— Continued Chancery, 17 Statute, 17 Constitutional provision does not extend to equity, 17 Jury trial not matter of right, 18 Discretion of court, 18 Waiver, 18 Court not required to su1;>mit to jury, 19 , Depends on form of action, 19 Right can not be taken away by transfer ing to equity, 19 Presumption of allowance on demand, 19 Proof required, 19 Motion to submit, 20 When may be submitted, 20 Time to submit, 20 What submitted, 20 Summary proceedings, 20 Judgment satisfied by imprisonment, 21 In general, 21 Justice courts, 22 Contempt, 23 Jury not required, 23 No issue for jury, 23 Answer conclusive, 23 What not contempt, 24 Courts, 24 Supreme, 24 Appellate, 25 Circuit courts, 26 Probate courts, 26 County courts, 26 Municipal courts, 27 Justice courts, 29 Appeal from minor jurisdiction, 30 Account, 30 Administration, 31 « In general, 31 Account by administrator, 31 Ademption, 32 Advancement, 32 Concealed assets and inventories, 32 Appeal, 33 Heirship, 34 Widow's award, 34 • Claim against estate, 34 Annexation of territory. Wills, 54 Insolvent debtor, 55 Local improvements, 55 Special assessment, 55 Cost of taxation, 56 Lost records, 56 Lunatics, 57 Commitment and detention, 57 Appointment of conservator, 57 Mandamus, 57 Nuisances, 58 Abatement, 58 Ordinance, 58 Summary proceedings, 58 Partnership, 58 Accounting, 58 Partition, 59 Discretion of court, 59 Quo warranto, 59 Revenue, 60 Separate maintenance, 60 Not matter of right, 60 Discretion of court, 60 Insanity issue, 60 Statutory proceedings, 60 Wife abandonment, 60 Wills, 61 Probate, 61 Contest in chancery, 62 Workmen's compensation act, 63 Trial of right of property, 63 In county court, 63 Appeal, 63 Vacation of Judgment by confession, 28, 93 mOHT OF WAY Right of trial by Jury Farm drainage, 48 Special drainage district, 49 Combined drainage, 49 764 INDEX [references are to pages] RIGHT TO OPEN AJSD CLOSE Generally, 459 A valuable right, 459 Plaintiff, 460 Affirmative of issue, 460 Burden of proof, 460 True test, 461 Pleadings as affecting right, 461 General issue, 461 Pleas of confession and avoidance, 462 Interpleader, 463 Special proceedings, 463 Eminent domain, 463 Confirmation of special tax, 463 Contest of will, 463 Damages, 464 Judgment by confession, 464 Waiver of right, 464 Discretion of court, 464 ROBBERY Form of verdict, 654 RUMOR Opinion of juror formed from, 238, 250 SANITARY DISTRICT Right of jury trial, 46 SCEXE OF ACCIDENT Photograph admissible, 417. SCINTILLA RULE Motion to direct verdict, 456 SCOPE Of opening statement to jury, 294 SEALED YERDICT Receiving in general, 661 Dissent on presentation, 671 Polling jury, 680 SECOND TRIAL Waiver of jury trial Effect, 92 Copy of indictment, 198 Stipulation of fact not admissible, 308 SECRET SOCIETY Membership as ground for challenge, 265 Society for suppression of crime, 268 INDEX 765 [references are to pages] KEEKING TO BE JUROR Disqualification, 265 SELECTION OF TRIAL JURY Challenges at common law, 216 Kinds. 216 Mode of trial, 217 Examination, 219 Right, 219 Latitude, 222 Number in Jury box, 226 Necessity of full panel, 226 Panel means twelve, 227 Waiver by silence, 227 Calling talesmen, 227 Panels of four, 227 Challenges for cause and subjects of inquiry, 231 Know^ledge or opinion as to case, 231 Age, 241 Alienage, 242 Association, 242 Attorney's relation to juror, 243 Bet pending, 245 Bias, 245 Conscientious scruples, 249 Conviction of infamous crime, 249 Corporator, 249 Current report, 250 Conversation with witness, 250 Damages, 250 English language, 250 Evidence at former trial or proceeding, 251 Exemption, 251 Free holders, 251 Inhabitants of municipal litigant, 253 Illiteracy, 254 Impartiality. 254 Insurance, 255 Interest, 258 Irregular calling, 258 Mental capacity, 258 Misapprehension of facts, 259 Party to suit pending, 259 Pecuniary interest, 259 Physical incapacity, 260 Prejudice, 260 Property, 265 Relationship, 265 Secret society, 265 766 INDEX [references are to pages] SELECTION OF TRIAL JIKY— Continued Seeking to be juror, 265 Service previously, 266 Sex, 268 Society for suppression of crime, 268 Sympathy, 269 Vicinage, 269 Peremptory challenges, 271 Defined, 271 Object of allowing, 271 Right to exclude juror, not select, 271 Right is one conferred, 272 Manner of exercise, 273 Examination, 274 Number allowed, 275 Time of challenge, 279 Where juror is excused, 281 Erroneous overruling challenge for cause, 281 Exclusion and substitution of juror, 282 Power of court to exclude juror, 282 Substitution of juror, 284 Waiver of objection to juror, 285 SELF OCRDaNATION 0 F WITNESS Privilege of witness, 371 Immunity, 376 SENTENCING DEFENDANT Presence, 127 SEPARATE DEFENSES Cross-examination, 387 SEPARATE MAINTENANCE Right of trial by jury, 60 SEPARATE TRIALS Criminal action, 157 General rule, 157 Not matter of right, 157 Application, 158 Civil, 159 Eminent domain, 159 Special assessment, 160 Attachment, 161 Contract, 161 SEPARATION OF JURY Criminal actions In general, 580 Capital cases, 543, 569, 581, 582 Manner and purpose of, 584 INDEX 767 [REFERENCES ARE TO PAGES] SEPARATION OF JTJUY —Continued In charge of oi&cer, 585 Time of separation, 588 Effect of se];>aration, 590 Consent to separation, 591 Remedy for improper separation, 591 Civil actions In general, 592 Discretion of court, 592 Individual jurors, 592 After instruction, 593 After verdict, 594 Absence of order or stipulation, 596 Discharge of Jury, 597 Objections, 597 SEPARATION OF WITNESSES Statute, 328 Order of separation, 328 Receiving testimony after violation of order, 329 Officer of court, 329 Attorney in case, 329 Party should not be deprived of testimony, 329 Witness liable for contempt, 330 SERTICE PREYIOUSLT AS JUROR Service within one year, 266 Service involving same facts, 267 SIGNING TERDICT Usual practice, 661 Mistake in, 670 SILENCE Waiver by, no objection Number in jury box, 227 Conduct of jury, 569 Of verdict as to one defendant, 656 SLEEPING JUROR, M5 SOCIETY FOR SUPPRESSION OF CRIME, 26S SOCIETY, SECRET, 265 SPECIAL ASSESSMENTS Right of trial by jury, 56 Separate trials, 160 SPECIAL BAILIFF Power to summon talesmen, 176 768 INDEX [references are to pages] SPECIAL INTESBOOATOKIES Application of act, 621 Submission on court's initiative, 622 Form, 622 Number, 622 Requisites, 623 Submission to counsel, 623 RendiUon of finding, 624 The answer, 624 Presumptions, 624 Special findings control, 624 Comments upon in argument, 515 Notice of submitting, 622 Unanimity of decision, 624' Distinguished from special verdict, 628 Returning in open court, 663 Polling jury, 681 SPECIAL PANEL Drawing jurors, 168 When regular panel discharged, 172 Attendance of regular panel not necessary, 176 Presumptions, 179 SPECIAL VERDICTS Definition, 628 Declaratory of common, 328 As distinguished from special findings, 628 Right to return, 628 Requisites, 629 Construction, 630 Basis of judgment, 630 Amendment, 663 STANDING MUTE Plea to be entered, 139 STATEMENT Attorneys opening, 293 Inconsistent statements of witness, 368 Of jurors to impeach verdict, 370 STATES ATTORNEY Duty to assume responsibility of prosecution, 120 Course when disqualified, 122 Recrimination in argument by, 516 Reference to local case in argument, 502 Urging conviction, 501 Challenging defendant, 499 General right to comment, 497 Stating that accused sought to retain him, 493 INDEX 769 [REFERENCES ARE TO PAGES] STATES ATTORNET— Continued Denouncing defendant, 492 Mistreating or badgering witnesSp 394 Cross-examining own witness, 387 Number of peremptory chalienges, 276 STATUTOBY PROCEEDINGS Right of trial by jury, 60 STATUTOBY TBIBUNAL Number of jury, 4 STENOeBAFHEBS* NOTES Re-reading during argument, 503 STEBESCOPIC TIEW, 419 STIPULATION Effect as evidence, 307 Minors, 308 Subsequent trial, 308 Persons incompetent to make, 309 May be taken by jury, 602 STOCKHOLDEB In corporfktion, ground for challenge, 249 STOPPING THE CASE Nonsuit, 427 Directing verdict, 447 Withdrawal of juror, 95 Substitution of juror, 282, 284 STBIKING OUT ETIBENCE, 821 SUBJECTS OF INQUntT See Selection of Trial Jury SUBSCBIBING WITNESSES Contradiction, 367 SUBSEQUENT EXCLUSION OF EYIDENCE, 821 SUBSEQUENT TEBM Amending verdict, 665 SUBSEQUENT TBIAL Waiver of jury, 92 Stipulation of fact, 308 SUBSTITUTION OF JUBOB Power and duty of court, 284 Illness of juror, 284 Agitated mental condition of juror, 285 Incompetency of juror, 285 Waiver of objection to juror, 285 49 770 INDEX [REFEBENCES ABE TO PAGES] SUMmJiBr FBOCEEDHrGS Right of trial by Jury. Illegal jury, 626 Impeaching verdict, 672 1 Includes arguments, 469 Incriminating evidence, 371 Interpreters, 403 Instructions, 518 Joint trial, 167 Judge musti preserve order, 103 Judge, presence of, 101 Jurors Selection of trial jury, 213 Custody and conduct of jury, 539 Law, reading to jury, 483 Limiting witnesses, 330 Misconduct of bailiff, 675 Misconduct of jurors, 568 Misconduct of others, 554 Nonsuit, 427 Number of witnesses, 330 Open and close, right to, 459 Opening statements, 293 Oral verdict, 660 Order of argument, 473 Order of proof, 318 Preparation, time for, 118 Polling jury, 680 Presence of accused, 125 Presence of judge, 101 Preserving order, 103 Privilege of witness, 371 Procuring attendance of jury^ 163, 169, 175 Proof, order of, 318 Public trial, 12 Quotient verdict, 676 Reading indictment to defendant, 132 Reading law to jury, 483 Rebuttal Argument, 471, 473 Evidence, 324 Recalling witnesses, 335 Right of trial by Jury, 7, 63 INDEX 773 [REFERENCES ARE TO PAGES] TRL4L — Continued Receiving verdict on Sunday, 668 Reopening case, 337 Selecting Juryt 213 Separate trial, 157 Separation of jury, 680 Separation of witnesses, 328 Special bailiff, 176 Special venire, 168, 172, 175 Statements, opening, 293 t Striking out evidence, 321 Sunday, verdict may be received on, 668 Swearing Jury, 287 Swearing officer, 503 Stopping the case Nonsuit, 427 Directing verdict, 447 Discharge and substitution of juror, 282 Withdrawal of juror, 423 Taking exhibits to jury room, 418 Taking case from jury, 447 Unexpected answer, 367, 387 Unfair juror, 675 Unanimity of decision, 624, 626 Use of pleadings, 299 Verdicts. 615 View by jury, 607 Witness Reception of evidence, 303, 340 Examination of witnesses, 341, 401 Withdrawal of juror, 423 TRIAL OF RIGHT OF PROPERTY • Right of trial by jury, 63 Summoning jury, 185 u ULTIMATE FACTS Special interrogatories, 623 UNANIMITY OF DECISION General verdict, 626 Special findings, 624 UNEXPECTED ANSWER Refreshing memory, 367 States attorney may cross-examine own witness, 388 » UNFAIR JUROR Statements of Affidavits of fellow jurors. 675 774 INDEX [BETESENCES ABB TO PAGES] USE OF FLEABIirOS Reading to Jury, 299 Informing as to issues, 299 As admissions, 299 Admission in evidence, 301 Generally, 301 To contradict deposition, 301 Former pleadings, 301 Taking to jury room, 302 May be permitted, 302 Practice not commended, 302 CSUBFINO FUNCTIOir OF JUBT Opinion of witness, 358 TACATIOir OF JUDGMESfT Jury trial, right to, 28, 93 VALUE OF PBOPEBTT Finding by verdict Embezzlement, 650 Larceny, 652 TALUE OB DAMAGES Limiting number of witnesses, 334 TABIANCE Of proof from bill of particulars, 150 In verdict, 637 In names signed to verdict, 670 TEBDICTS See Particylar Verdicts; Responsiveness of Verdicts Definition, 619 Legal efiPect of verdict where Judgment not pronounced, 620 Kinds of verdict, 620 General and special authorized, 620 Special interrogatories, 621 General verdict, 625, 630 Special verdicts, 628 Requisites and sufficiency of general verdicts, 634 Civil, 634 Criminal, 642 Form of verdict, 656 In general, 656 Oral verdict, 660 Written verdict, 661 Sealed verdict, 661 Public verdict, 663 INDEX. Privilege of Right to claim, 371 Extent of privilege, 372 Constitutional right, 373 Personal privilege, 373 Claim, 374 When may be compelled to answer, 374 When prosecution barred, 374 I Evidence merely tending to degrade, 374 Duty of court, 375 Incriminating documents, 375 Privilege of Grand jury inquisition, 376 Coroner's proceedings, 376 Bill of discovery, 376 Voter, 376 Immunity, 376 Waiver, 377 Limiting number of witnesses Generally, 330 Discretion of court, 331 Main issue in controversy, 332 Uncontroverted fact, 333 Collateral fact, 333 Expert witnesses, 334 Particular issues, 334 When order should be made, 335 Costs, 335 Separation and exclusion of witnesses, 328 Recalling, in general, 335, 336 INDEX 781 [references are to pages] WITNESSES— C<m«tnM«d Ab interpreters, 406 Argument of counsel Assailing credibility, 494 Vouching for, 495 l¥OBK]|[EirS COMPENSATION ACT Right of trial by jury, 63 WRITTEN EVIDENCE See Documentary Evidence; Impeachment WRITTEN TEBBICT Usual practice, 661 Oral verdict, 660 Signing verdict, 661, 670 The paper writing, 669 Eminent domain, 661 WRITTEN WAITER Signing by mark, 90 X-RAY Photographs, admissible, 417 ZEAL Of witness Cross-examination, 399 Of counsel Argument, 478 X z :?-/.• -i^. i ^. 