(Continued from page 400.)

Bank, then the jury should convict the defendant, Dave Koontz, advised or encouraged the said Charley Koontz and Hal Buie, alias R. F. Graham, to rob said bank, did furnish or supply the said Charley Koontz and Hal Buic, alias R. F. Graham, or either of them with a horse or horses, or with arms, guns or ammunition, with intent on the part of him, the said Dave Koontz, thereby to encourage, aid or assist the said Charley Koontz, and Hal Buic, alias, R. F. Graham, to rob said Cotton Exchange Bank; or that he, the said Dave Koontz, knowing the unlawful intent and purpose of the said Charley Koontz and Hal Buie, alias R. F. Graham, to rob said bank, with the intent to encourage, aid and assist them in the commission of said offense, did show, advise, inform and instruct the said Charley Koontz and Hal Buie, alias R. F. Graham, how to find and reach the town or place where said bank was situated; then you will find the said defendant Dave Koontz, guilty of robbery in the first degree." etc.

The objection made to these instructions is that while the information charges the defendant Dave Koontz, and others with the robbery of H. L. Goode, the court in the instructions tells the jury that if they find that the defendant, Dave Koontz, aided or abetted in the robbery of the Cotton Exchange Dave Koontz on the charge of robbing H. L. Goode, The information does not mention the Cotton Exchange Bank, and does not allege that H. L. Goode was an officer, or that he had any connection with the Cotton Exchange Bank.

These instructions are clearly in violation of the universally accepted doctrine and the fundamental principle of law that a person may not be convicted of any crime other than the one charged in the indictment or information.

For the reasons herein expressed, the judgment will be reversed for proceedings consistent with this opinion. The warden of the penitentiary is directed to surrender plaintiff in error to the Sheriff of Roger Mills County, who will hold him in custody until he shall be discharged therefrom, or as otherwise ordered according to law.

ARMSTRONG, P. J. and FURMAN, J., concur.

H. C. PARKER. Plaintiff in Error,

V8.

No. A-1821

STATE OF OKLAHOMA, Defendant in Error.

(Rendered April 4, 1914)

Error from Superior Court of Oklahoma County. E. D. Oldfield, Judge.

APPEAL DISMISSED.

1. In a criminal case, the trial court has no power to grant a new trial on the ground of newly discovered evidence, after the next suceeding term at which the case was tried.

2. When a judgment of conviction has been affirmed on appeal and mandate issued, the trial court has no power to set aside said judgment, but must cause the judgment to be carried into execution.

3. There is no statute authorizing an appeal from an order denying a motion for a new trial, except as instant to an appeal from a judgment of conviction.

Error from County Court of Choctaw County. W. T. Glenn trial Judge.

1. The defendant in a criminal action acquires no vested right to have a particular member of the jury panel sit upon the trial of his cause, until he has been accepted and sworn. In the instant case, HELD, that unless it be shown that an objectionable juror was forced upon the defendant after he had exhausted his peremptory challenges, he has no ground of complaint.

2. In prosecutions for unlawfully conveying intoxicating liquor, the state is only required to establish by the proof, beyond a reasonable doubt, that the liquor charged to have been conveyed, or some portion of it was con⚫ veyed as alleged in the information.

(Syllabus of the Court.)

Evans & Hardison, for plaintiff in Error.

Charles J. West. Attorney Gen. for the State.

OPINION OF THE COURT BY DOYLE J:

Lon Jackson, Plaintiff in Error,

VS.

State of Oklahoma, Defendant in Error.

(Rendered April 1, 1914.)

No. A-1988

Error from County Court of Pontotoc County.

I. N. King trial Judge.

1. County courts have jurisdiction of the offense of orally or otherwise, falsely imputing to any female, married or unmarried, a want of chasity as defined in the Penal Code. (Seo. 2388 Rev. Laws.)

2. Where upon trial for slander of a femal, there was a conflict in the testimony, the verdictwillnot be disturb.

ed.

(Syllabus of the Court.)

REVIEWS.

SHIVE'S CRIMINAL DIGEST.

Written and Published by R. J. Shive of the Oklahoma City Bar. Price $7.

Oklahoma City, Okla.

This new digest is a well written and beautifully printed volume. It contains nearly a thousand pages.

more

Mr. Shive, the author, is not a novice in this line of work; he having a few years since brought out a one volume digest of the civil branch of the law a work that was highly appreciated by the Bar of the State. The criminal digest, however, is much more extensive as well as skillfully arranged, and its mechanical execution a model in the art of book-making, greatly enhancing the value of the book. It not only brings the citations of the decisions to the present date thoroughly and orderly, but it cites you to the substantive law upon which the decision is based; and often whether the law or act is State or Federal; a point that has not been taken into much consideration by other digests writers, but which is of vast importance, especially in Oklahoma.

As stated by the author in the opening line of the preface: "The object of a digest is to enable a busy lawyer to find the law, and find it quickly.” This work performs that service more readily than any other at present before the profession, as a glance through the compilation will show. It is alphabetically arranged and all headings in bold type, and properly spaced. The department of Appeal and Error is one of great importance to the practitioner, and here the author has bestowed much

labor, especially on the point where error is harmless and not harmless. The fulness of this department is worth the price of the book to the active lawyer, and the same may be said under the topic of "Indictment and Information." In fact every subject shows the same indefatigable industry throughout this indispensable volume.

Another point that needs mentioning is that it most copiously treats of so many subjects that occupy, a middle ground between the criminal and civil law; adjudications on conspiracy, Injunctions, mandamus, writs of probibition, and a host of other topics that apply to civil as well as criminal procedure. This makes the book almost as necessary to civil as to the criminal advocate. It is doubtless the most complete and perfect work of its kind yet brought out in the Southwest. It has only to be examined to be appreciated.

THE INCOME TAX ACT, ANNOTATED. By Henry S. White, A. M. LL. B., of the New York Bar.

Published by The Banks Law Publishing Company, 23 Park Place. Price $3.00.

New York.

However one may look at the Income tax law, it is here. No lawyer can afford to remain ignorant of its provisions. He owes this fact to himself, to his profession and to his clients. In fact the knowledge of the law with many is compulsory. The banker is compelled to be familiar with the provisions of this law, the corporation, the trust company, the agent, the broker and all who have or by occupation deal in incomes; and access to a reliable source of information should be one of the highest importance to all. The above work by Henry C. White perhaps better than any other work at this time, furnishes