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The Right To Comment On The Failure Of The Defendant To Testify, Andrew A. Bruce

Michigan Law Review

In 1931 the American Law Institute adopted a resolution to the effect that "The judge, the prosecuting attorney and counsel for the defense may comment upon the fact that the defendant did not testify."

In the same year the American Bar Association resolved: "That by law it should be permitted to the prosecution to comment to the jury on the fact that a defendant did not take the stand as a witness; and to the jury to draw the reasonable inferences."

The Nature Of Proof, Thomas E. Atkinson, Raymond H. Wheeler

Michigan Law Review

A Review of THE PRINCIPLES OF JUDICIAL PROOF. By John Henry Wigmore.

Evidence-Corroboration In Criminal Cases

Michigan Law Review

On the night of September 12, 1931, Mrs. Thalia Massie, while walking unescorted along a road near Honolulu, was forced into a car, taken to a lonely spot, and attacked by five young men. The five alleged attackers were placed on trial for rape. The jury was unable to reach a verdict and a mistrial was declared.

Evidence -The Possibility Of Incrimination In A State Jurisdiction Does Not Warrant The Assertion Of The Constitutional Privilege In Federal Proceedings

Michigan Law Review

On indictment for the refusal to give information requested by the authorized revenue agent, the appellee interposed a special plea averring that it would compel him to become a witness against himself in violation of the Fifth Amendment of the federal Constitution which reads, "nor shall any person be compelled to be a witness against himself." Held, the danger of incrimination in a state court was not grounds for asserting the constitutional privilege. United States v. Murdock, 284 U. S. 141, 52 Sup. Ct. 63, 76 L. ed. 83 (1931).

Federal Practise-Review Of Facts-Instance Of When Verdict Must Be Directed

Michigan Law Review

This was a case in which a motion for a directed verdict was denied by the trial court on the ground that there was sufficient evidence to justify a submission of the case to the jury. The circuit court of appeals affirmed this, but on appeal to the Supreme Court it was held error. Southern Ry. Co. v. Walters (U.S. 1931) 52 Sup. Ct. 58.

Attorney And Client - Disbarment - False Testimony

Michigan Law Review

A, an attorney, as a witness for his client in a suit against the latter, testified falsely under oath with knowledge of the fact. In proceedings for disbarment, during which A admitted the falsity of his testimony, held, his conduct warranted suspension from the bar for one year. Green v. State Bar ( Cal. 1931 ) 2 Pac. ( 2d) 340.