ALIEN LAND LAW (Continued). violate the Alien Land Law alleging that defendants, one of whom was an alien ineligible to citizenship under the laws of the United States, conspired "to purchase" certain real property, instead of alleging, in the language of the statute, conspired "to effect a transfer" thereof, states an offense against which the statute inveighs.-People v. Cockrill, 22. 2. CONSPIRACY TO PURCHASE REAL PROPERTY - PLEADING — INDICTMENT CHARACTER OF PROPERTY. It is not indispensably essential, to state an offense under the Alien Land Law for conspiracy, that there should be an allegation in the indictment that the real property, which it is alleged was purchased by defendants, was agricultural or farming land, or not land which an alien ineligible to citizenship may acquire for residential or commercial purposes, under the treaty between his country and the United States.-Id. 3. PLEADING INDICTMENT OBJECT OF PURCHASE - It is not necessary, in the statement of the offense of conspiring to effect a transfer of real property denounced by section 10 of the Alien Land Law, to allege that the acquisition of the property was not to be consummated for the purpose of enforcing or satisfying any lien upon real property at the time of the enactment of the law, as provided by section 7.-Id. 4. AMENDMENT OF INDICTMENT - LACK OF PREJUDICE. In a prose cution for conspiracy to violate the Alien Land Law, the substantial rights of defendants are not prejudiced by an amendment of the indictment which does not affect the substance of the crime charged but merely states the offense or transaction from which it arises in greater detail.—Id. 5. INTENT TO AVOID ESCHEAT CONSIDERATION FOR CONVEYANCE PAYMENT BY ALIEN-PRESUMPTION-INSTRUCTION.-In a prosecution for a violation of the Alien Land Law, it is proper to incorporate in the charge to the jury the portion of section 9 of the act providing that a prima facie presumption that the conveyance is made with intent to avoid escheat shall arise upon proof of the taking of the property in the name of a person other than the persons mentioned in section 2, if the consideration is paid or agreed to be paid by an alien.-Id. 6. PRESUMPTION OF INTENT TO AVOID ESCHEAT APPLICABILITY TO CRIMINAL PROSECUTIONS. The prima facie presumption of section 9 of the Alien Land Law that a conveyance is made with intent to evade escheat where the property is taken in the name of a person other than the persons mentioned in section 2 if the consideration is paid by an alien mentioned in section 2 is not limited to civil actions authorized by sections 7 and 8 to be brought for the purpose of securing a decree escheating to the state any real ALIEN LAND LAW (Continued). property which has been acquired in violation of the terms of the act, but also applies to criminal prosecutions under the act.—Id. 7. PRESUMPTION OF INTENT TO AVOID ESCHEAT-CONSTITUTIONAL LAW-TREATY BETWEEN UNITED STATES AND JAPAN.-Such presumption is not amenable to the objection that it denies to any person or class of persons within this state the equal protection of the law guaranteed by section 1 of article XIV of the federal constitution, and is not subject to the criticism that it infringes any rights guaranteed to alien Japanese denizens within this state by article I, paragraph 3, of the treaty of 1911 between the United States and Japan.-Id. 8. CRIMINAL LAW-EVIDENCE-BURDEN UPON DEFENDANT-POWER OF LEGISLATURE - CONSTITUTIONAL LAW. It is within the constitutional right of the legislature, or of the people, in the exercise of the powers of initiative which they have reserved to themselves, to change any rule of evidence now existing and place upon a defendant in a criminal case, of whatsoever character, a heavier burden in the trial of the charge against him than he is under the existing system required to bear.-Id. 9. PRESUMPTION AS TO INTENT TO AVOID ESCHEAT BURDEN OF PROOF OF GUILT NOT AFFECTED.-The presumption referred to in section 9 of the Alien Land Law as to intent to avoid escheat was not intended to relieve the people of the burden of proving the guilt of persons prosecuted under section 10 of the act beyond reasonable doubt.-Id. 10. PRESUMPTION OF INTENT TO AVOID ESCHEAT-EXPLANATORY INSTRUCTION. In a prosecution under the Alien Land Law, an instruction declaring the prima facie presumption provided by section 9 of the law should always be accompanied by an instruction that the burden thus placed upon the defendants charged under section 10 is only such as requires the defendants to introduce evidence sufficient to create a reasonable doubt as to their guilt.1d. 11. EVIDENCE- - STATEMENTS BEFORE GRAND JURY - - DISCUSSIONS OF LAW. In such a prosecution, it is not prejudicial error to admit in evidence certain statements made by one of the defendants, who was an attorney, before the grand jury relating to the transaction involved, although such statements consisted entirely of discussions between the district attorney, his assistant, some of the grand jurors and defendant as to the meaning of several provisions of the Alien Land Law.-Id. - 12. CONSPIRACY TO VIOLATE ALIEN LAND LAW-SUFFICIENCY OF EVIDENCE. In this prosecution of an attorney at law and of a native of Japan for the crime of conspiring to cause or effect a ALIEN LAND LAW (Continued). transfer of real property to an alien ineligible to citizenship under the laws of the United States in violation of the Alien Land Law, the evidence was sufficient to support the verdict of guilty as to both defendants.--Id. ALIMONY. See Divorce, 3-6. AMENDMENTS. See Corporations, 10; Pleading, 6, 7; Sales, 10; Waters and Water Rights, 1. ANNEXATION. See Schools and School Districts, 1, 2. ANNULMENT. See Marriage, 1. ANTENUPTIAL CONTRACTS. See Divorce, 6. APPEAL. 1. ORDER SUSTAINING DEMURRER.-An order sustaining a demurrer to a complaint without leave to amend is not appealable.-Worth v. Witt, 134. 2. DELAY IN FILING BRIEF INSUFFICIENT EXCUSE- RELIEF FROM DEFAULT.-The fact that appellant's counsel was under an unusual pressure of work and that his general health was poor cannot be accepted as a sufficient reason for excepting his case from the salutary rule of the supreme court which provides that "within thirty days after the filing of the transcript, the appellant shall file with the clerk his printed points and authorities"; neither is that fact sufficient to entitle appellant to be relieved from his default, under the provisions of section 473 of the Code of Civil Procedure.-Berendsen v. Babdaty, 185. - -- INSUFFICIENT not person 3. EXPIRATION OF TIME ABSENCE OF KNOWLEDGE EXCUSE. The fact that appellant's counsel did ally examine his calendar nor have his attention directed by either his stenographer or by his clerk to the fact that his brief either was about to become due or that the time had elapsed within which under the rule he might properly file same, is not enough to bring his neglect within the terms of section 473 of the Code of Civil Procedure.-Id. 4. ABSENCE OF PLEADING DISMISSAL. Where the record on appeal does not contain a copy of the pleadings upon which the findings of the trial court were made and the judgment entered, the appellate court is not furnished with a transcript, and under rule 2 of the supreme court it is proper to dismiss the appeal.Bossen v. Bean, 293. APPEAL (Continued). 5. JUDGMENT-ROLL-NOTICE OF MOTION TO STRIKE OUT.-A notice of motion to strike out is not part of the judgment-roll and it cannot be considered on appeal in the absence of a bill of exceptions. Id. 6. BURDEN OF SHOWING ERROR- - INCOMPLETE RECORD. It is incumbent upon the appellant to show prejudicial error to justify a reversal of the judgment, and the appellate court cannot say that the trial court erred in sustaining a demurrer to defendant's first amended answer where the second amended answer is not contained in the record on appeal.-Id. 7. FINDINGS - EVIDENCE- RECORD. On appeal from a judgment in favor of the plaintiffs in an action by real estate brokers to recover a commission for finding a buyer for defendant's property, if the printed transcript contains no copy of any bill of exceptions and no attempt has been made by defendant to avail himself of the alternative method of presenting a record on appeal by causing a typewritten transcript of the evidence to be brought up, he is in no position to attack the findings of the trial court. Best v. Toprahanian, 485. 8. INCLUSION OF EXHIBITS-STIPULATION-PRESUMPTION.-Where the record on appeal in such action, besides containing a copy of the judgment-roll, contains copies of certain documents, and at the end of the transcript is a stipulation, signed by counsel for the respective parties, that the transcript contains true copies of the judgment-roll and "plaintiffs' and defendant's exhibits," but there is nothing to show that other evidence was not adduced at the trial, it must be presumed, in favor of the action of the trial court, that there was other evidence besides such exhibits to support its decision.-1d. 9. INCOMPETENT EVIDENCE. · In the absence of an objection a fact proved by incompetent evidence is beyond attack on appeal.People v. Lorden, 501. 10. APPEAL IMPROPER PRESENTATION OF POINTS. - Points presented upon appeal in a desultory manner and not argued or supported by citation of authority will not be considered.-Imperial Water Co. No. 4 v. Meserve, 593. 11. ENGROSSMENT OF BILL OF EXCEPTIONS-CERTIFICATE EXTENSIONS OF TIME-PRESUMPTION.-Where a bill of exceptions for use on appeal is settled over the objection of counsel for plaintiffs that the same was not engrossed and presented for certification within the time allowed by law, and the certificate affirmatively shows that certain extensions of time were granted by the trial court and that thereafter counsel for plaintiffs granted an extension of time, and such certificate does not negative the fact that counsel for plaintiffs did not give defendant an additional APPEAL (Continued). extension of time within which to engross and present the bill of exceptions, or that the court did not make an additional order extending defendant's time, it will be presumed on appeal, in support of the certificate of the trial judge, that defendant's time to engross and present the bill of exceptions was properly extended. Ralphs v. Oberfeld, 610. See Assault and Battery, 2; Broker's Commissions, 11; Contracts, 9, 17; Conversion, 1; Criminal Law, 8, 20, 32, 56, 78, 79; Default, 1, 4; Divorce, 1; Evidence, 4; Injunction, 4; Judgments, 2; Mortgages, 3; Newspapers, 5; Prohibition, 1; Promissory Notes, 5; Quieting Title, 4; Sales, 9, 11; Street Law, 5; Supersedeas, 1, 3; Wills, 9, 15. APPROPRIATION. See Waters and Water Rights, 3, 5. ASSAULT AND BATTERY. - 1. MALICE-EVIDENCE-FINDING-APPEAL.-In this action for assault and battery, while there was much reason in the position taken by defendants that there was no evidence to support the finding that the attack upon plaintiff was malicious, it could not be said that there was not some evidence from which the trial court could draw the inference of malice in support of such finding; and under those circumstances the appellate court could not grant defendants any relief.-Bispo v. Surabian, 443. 2. DAMAGES EVIDENCE APPEAL. The trial court having determined that the attack upon plaintiff was malicious, but it not having designated how much of the amount awarded was allowed as actual damages and how much was allowed for exemplary damages, and there being nothing in the record indicating that the judgment was the result of passion or prejudice or that the feeling of plaintiff's counsel against defendants because of their nationality was reflected in the amount of damages awarded, the appellate court could not say that the judgment for fifteen hundred dollars damages was excessive, even though the evidence showed that plaintiff suffered a very minor injury so far as actual damages were concerned.-Id. ASSESSMENTS. See Taxation, 1-3. ASSIGNMENTS. See Judgments, 1; Leases, 8. In an action on an under DEBTOR LIABILITY OF SURETIES. |