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Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite Nov 1933

Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite

Michigan Law Review

Lawyers are beginning to recognize, though slowly, that enforcement and administration of law are affected more by the psychological conditioning and the character of its administrators than by the content of the law itself. This basis of difference is well demonstrated by some data of Chicago criminal court operations as compared with similar proceedings before Detroit judges.


Criminal Law And Procedure -The Defense Of Entrapment Jun 1933

Criminal Law And Procedure -The Defense Of Entrapment

Michigan Law Review

A government agent, acting incognito, gained the confidence of the defendant by reminiscing over old war experiences. In the course of the conversation the agent repeatedly urged the defendant to secure for him a quantity of liquor. The defendant repeatedly refused, but finally acquiesced. Held, that there had been an entrapment, the court entering into a discussion of the theory of the defense. Sorrells v. United States, (U.S. 1932) 53 Sup. Ct. 210.


Criminal Law And Procedure - Aiding And Abetting Mar 1933

Criminal Law And Procedure - Aiding And Abetting

Michigan Law Review

Defendant and companion committed a holdup and robbery. Defendant's companion carried a pistol but did not have a license to do so. Defendant was unarmed. Held, that defendant was guilty of the offense of carrying a pistol without having first secured a license. Vinson v. State, (Ga.App. 1932) 164 S. E. 209.


Intoxicating Liquors - Nuisance -Abatement Mar 1933

Intoxicating Liquors - Nuisance -Abatement

Michigan Law Review

Section 22 of the National Prohibition Act provides that premises used for purposes in violation of the act, such as the sale of intoxicating liquor, may be declared a common nuisance which may be enjoined in equity, and that the premises may be closed for one year. Process was served on the defendant who was the bartender in a "speakeasy," and the place was declared a common nuisance and padlocked for one year. The lessee of the premises, who was the proprietor of the business, appeared specially to vacate that part of the decree which directed the closing of the …


Criminal Law And Procedure - Homicide - Causal Relation Between Defendant's Unlawful Act And The Death Mar 1933

Criminal Law And Procedure - Homicide - Causal Relation Between Defendant's Unlawful Act And The Death

Michigan Law Review

Though the books are replete with homicides in which the elusive doctrine of proximate cause has vexed both courts and commentators, it may be ventured that no case has more strikingly run the gamut of proximate cause perplexities than Stephenson v. State. There it appeared that the deceased, an unmarried girl of good reputation and social standing, had been drugged and then raped by defendant in circumstances of the most atrocious brutality. In her dying declaration, admitted by the trial court into evidence, she deposed that "he chewed her all over her body; bit her neck and face; chewed …


Criminal Law And Procedure - Evidence - Presumptions Feb 1933

Criminal Law And Procedure - Evidence - Presumptions

Michigan Law Review

The Alien Land Law of California forbids the acquisition of real property for agricultural purposes by aliens ineligible to citizenship; amendment 9b provides that proof of the acquisition of land by the defendant and of his being a member of a race ineligible to United States citizenship raises the presumption of ineligibility to citizenship against the defendant, and the burden is on him to show citizenship or eligibility thereto. Defendants, an American and a Japanese, were indicted for conspiracy to violate the act. No evidence as to the birthplace of the Japanese was adduced by either side, and both were …


Criminal Law And Procedure - Indictment And Information - Sufficiency Of Allegation Feb 1933

Criminal Law And Procedure - Indictment And Information - Sufficiency Of Allegation

Michigan Law Review

An indictment under section 215 of the Criminal Code of the United States charged the appellant with devising a scheme to defraud and to obtain money under false pretences from certain named persons ( the scheme is fully set out and certain representations alleged) and with causing, for the purpose of executing said scheme, "a certain letter" to a named individual to be delivered by United States mail. The defendant promptly filed a motion to quash the indictment on the ground that it was not sufficiently informative of the offense. Held, without discussion, that the indictment was sufficient. Johnson …