1, Courts (§ 431*) — Federal Courts — '.Jurisdiction or Circuit Court or Appeals — Cases Transferred from Territorial Supreme Court.

Act June 10, 1910, e. 310, § 33, 36 Stat. 577, providing that, on the admission of Arizona as a state, ail cases pending in the territorial Supreme Court in which the United States was a party should be trans- • ferred to the Circuit Court of Appeals for the Ninth Circuit, applies to a prosecution for murder on an Indian reservation, conducted in the name of the United States, and taken by appeal from the territorial district court to the Supreme Court, where it was pending when the state was admitted.

[Kd. Note. — For other cases, see Courts, Cent. Dig. §§ li43-1149; Dec. Dig. § 431.*]

2, Courts (§ 431*) — Federal Courts — Jurisdiction of Circuit Court of Appeals — Transfer of Case from Territorial Court.

That a criminal case, pending in the territorial Supreme Court of Arizona on the admission of the state, was taken to that court by appeal, in accordance with the law of the territory, does not affect the jurisdiction of the Circuit Court of Appeals to review the case, on its transfer as required by statute.

" [Kd. Note. — For other cases, see Courts, Cent. Dig. §§ 1143-1149; Dee. Dig. § 431.*

Jurisdiction of Circuit Court of Appeals in general, see notes to Lau Ow Bow v. United States, 1 C. C. A. 6; United States Freehold Band. & Emigration Co. v. Gallegos, 32 O. C. A. 475.]

S. Criminal Law (§ 1166%*) — Harmless Error — Examination of Jurors.

Permitting a district attorney in a prosecution for murder to ask jurors on their examination if, in ease they should be convinced beyond a reasonable doubt that defendant was guilty of a murder and that it was of a “particularly atrocious and brutal kind,” they had any views on the subject of capital punishment which would prevent them from returning a verdict of guilty, held not prejudicial error, where the characterization of the crime was sustained by the evidence subsequently introduced.

[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 3114-3123; Dec. Dig. § 1166%.*]

4. Criminal Law (§ 1171*) — Harmless Error — Expression of Opinion bT Counsel.

Remarks of a district attorney in his argument to the jury in a trial for murder, while not approved, held not prejudicial to defendant.

[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 3126, 3127; Dec. Dig. § 1171.*]