Digital Commons Network^™

Criminal Law--Habeus Corpus--Lack Of Jurisdiction Resulting From Failure To Comply With Habitual Criminal Statute, D. L. Mcc.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

Corporations - Dissolution - Effect On Federal Criminal Prosecution Against Corporation, Lawrence J. Labrie

Michigan Law Review

Defendant corporation was prosecuted along with its officers .and employees for submitting false statements on FHA insured loans and for conspiracy. After return of indictment the corporation was voluntarily dissolved under Texas law. The corporation's motion to dismiss the indictment on the ground that dissolution abated the prosecution was overruled. On appeal, held, affirmed. Article 1388 of the Texas civil statutes which constitutes the president and directors trustees "to settle the affairs" of a dissolved corporation and to "maintain or defend judicial proceedings," continues the corporation in existence for the purpose of defending federal criminal proceedings. Alamo Fence Company …

People V. Craig, Jesse W. Carter

Jesse Carter Opinions

Without a showing of premeditation or a showing that a murder was committed in an attempt to commit rape, a first degree murder conviction should have been a second degree murder conviction for the killing of the female victim by defendant.

Criminal Law—Recantation, Joel Brownstein

Buffalo Law Review

People v. Ezaugi, 2 N.Y.2d 439, 161 N.Y.S.2d 75 (1957).

Ignorance And Mistake In Criminal Law, Jerome Hall

Indiana Law Journal

No abstract provided.

Criminal Law—Trial—Right Of Defendant To Be Free Of Shackles, Edwin Yaeger

Buffalo Law Review

People v. Mendola, 2 N.Y.2d 270, 159 N.Y.S.2d 473 (1957).

In Re Carmen [Dissent], Jesse W. Carter

Jesse Carter Opinions

Prisoner's conviction could not be attacked on habeas corpus upon allegations of new and additional facts claiming that convicting court lacked jurisdiction over offense because jurisdictional allegations did not appear upon face of trial record.

Criminal Law, Stanley M. Johanson

Washington Law Review

Coves cases on appeal—preservation of grounds—misconduct of the prosecuting attorney.

People V. Duroncelay [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's rights were not violated and results of the alcohol test were properly admitted in evidence in trial for driving under the influence of alcohol when extraction was made in a medically approved manner and was incident to the lawful arrest.

The Federal Courts And Indirect Criminal Contempt, Philip L. Peeler

Vanderbilt Law Review

The purpose of this note will be to deal with one method of implementation, i.e., the use of the court's power to punish for criminal contempt particularly in regard to decrees, and the extent to which and under what circumstances persons not directly named in those decrees may be subjected to punishment for conduct of a criminal nature which interferes with the enforcement of those decrees...

Judicial decisions which conflict with settled moral and ethnological convictions are not translated overnight into effective standards of acceptable behavior. The decisions, however, must be implemented.'The purpose of this note will be to deal …

Evidence - Examination Of Witnesses - Surprise As Grounds For Impeaching A Party's Own Witness, John A. Ziegler, Jr. S.Ed., Raymond Dittrich

Michigan Law Review

The defendant was convicted of the statutory rape of his stepdaughter. Immediately following the alleged offense, the victim had signed a statement accusing the defendant of the crime charged. Before the trial, however, the district attorney was advised by the defense counsel, and by the victim herself, that the written statement was not true. At the trial, when called as a witness by the commonwealth, the girl repudiated her earlier statement, whereupon the district attorney pleaded surprise and was permitted to use the prior statement to impeach. On appeal, held, affirmed. The district attorney was "actually surprised" when the …

People V. Moore [Dissent], Jesse W. Carter

Jesse Carter Opinions

A verdict of first-degree murder was proper under the felony murder doctrine because the evidence showed that the killing occurred in the course of an attempted rape.

People V. Corrigan [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's conviction for robbery was affirmed where the trial court's questioning of various witnesses was not prejudicial and any objections thereto were not made by defendant during the trial and consequently were deemed waived by the court.

People V. Randazzo [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's complaint that erroneous instructions were given did not authorize the recall of remittitur, for it was a complaint of an error of law only, and remittitur could not be recalled to correct judicial error or mistake of law.

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

AGENCY--INDEPENDENT CONTRACTOR--"ONE WAY LEASE" EFFECTIVE TO TERMINATE RELATIONSHIP

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COURTS--CIVIL RIGHTS ACT--IMMUNITY OF JUDGE FOR ACTS COMMITTED IN THE EXERCISE OF A JUDICIAL FUNCTION

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COURTS--CONTEMPT--VIOLATION OF COURT RULE BANNING PHOTOGRAPHY

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CRIMINAL LAW--ENTRAPMENT BY STATE OFFICIAL AS A DEFENSE TO FEDERAL PROSECUTION

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DAMAGES--BREACH OF WARRANTY--RECOVERY FOR LOSS OF PROFITS

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FEDERAL COURTS--CHOICE OF LAW--APPLICATION OF ERIE DOCTRINE TO DIVERSITY CASES INVOLVING FEDERAL COMMERCIAL PAPER

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TORTS--BATTERY--CONSENT OF MINOR TO SIMPLE OPERATION AS A DEFENSE

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TORTS--DUTY TO ACT--EMPLOYER'S ASSUMPTION OF A DUTY BY GIVING MEDICAL EXAMINATIONS TO EMPLOYEES

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Voice Identification, Writing Exemplars And The Privilege Against Self-Incrimination, Russell J. Weintraub

Vanderbilt Law Review

The problems involved in defining the nature of the privilege against self-incrimination and in setting its limits have been much mooted in recent years. Though these problems have been brought into sharp focus by the present very urgent and certainly justified concern for our national security, they are problems which are inherent in the privilege itself. They have been with us for a long time.

One of these problems concerns the extent to which a person may refuse to participate in criminal proceedings brought against him. Doubtless not even the most liberal proponent of the privilege would claim that an …

Federal Criminal Procedure - Venue Situs Of Crime Of Failing To Perform Statutory Duty, John C. Baity

Michigan Law Review

Three defendants, classified conscientious objectors, were prosecuted for violations of the Military Training and Service Act. Defendants were ordered to report to their local boards for civilian work assignments in lieu of induction. They reported to their boards but refused to comply with instructions ordering them to report at hospitals located in judicial districts other than those of their boards. The Third Circuit held that the crime of "knowingly failing or neglecting to obey any such order" was committed in the district where the hospital was located and that venue was proper in such district. On similar facts the Tenth …

West Virginia Indeterminate Sentence And Parole Laws, Londo H. Brown

West Virginia Law Review

While this part of the study is supposed to be a study of West Virginia's indeterminate sentence law, it is in reality a study of this state's indeterminate sentence and parole laws. No indeterminate sentence law can be of value unless it is correlated to an adequate parole law, and, it is said, no parole law can be of full value unless it is used in conjunction with an indeterminate sentence law. At the outset several generalities may be set forth. There is no perfect answer to the penal problem. When men and women must be deprived of their liberty …

Abstracts Of Recent Cases

Journal of Criminal Law and Criminology

No abstract provided.

Problems Of Arson Investigation Arising Under State Fire Marshal Acts

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Integration Of Police And Fire Services, Loren D. Ayres

Journal of Criminal Law and Criminology

No abstract provided.

Lie-Detector Tests And Freedom Of The Will In Germany

Journal of Criminal Law and Criminology

No abstract provided.

Abstracts Of Recent Cases

Journal of Criminal Law and Criminology

No abstract provided.

Association For Professional Law Enforcement,The , W. J. Snyder

Journal of Criminal Law and Criminology

No abstract provided.

Police Science Technical Abstracts And Notes

Journal of Criminal Law and Criminology

No abstract provided.

Refractive Index Determinations Of Glass Fragments, John E. Davis

Journal of Criminal Law and Criminology

No abstract provided.

Development Of Crime In Early English Society, The , Clarence Ray Jeffery

Journal of Criminal Law and Criminology

No abstract provided.

Abstracts Of Recent Cases

Journal of Criminal Law and Criminology

No abstract provided.