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Criminal Law And Procedure - Habitual Criminal Act - Prior Convictions - Pleading And Trial Nov 1936

Criminal Law And Procedure - Habitual Criminal Act - Prior Convictions - Pleading And Trial

Michigan Law Review

The petitioner was charged with grand larceny and was convicted by a jury. The court thereafter made a finding that the petitioner had previously been convicted of two other felonies, and that he had served a term in the Kansas penitentiary for one felony and a term in the Missouri penitentiary for the other. On that finding and the verdict of the jury, the court sentenced the petitioner to life imprisonment under a Kansas statute which prescribed increased penalties for habitual offenders. Held, that the prior convictions need not be charged in the information and that the petitioner was …


Criminal Law And Procedure - Fraudulent Deprivation Of Possessory Lien As Larceny Nov 1936

Criminal Law And Procedure - Fraudulent Deprivation Of Possessory Lien As Larceny

Michigan Law Review

Defendant engaged a furrier to repair her fur coat. After the repairs were completed, she obtained possession of the coat on the pretense of trying it on and refused to return it or to pay for the work done. She was charged with grand larceny, the theory of the prosecution being that she feloniously deprived the furrier of his property (his repairmen's lien). Held, conviction affirmed. The court seemed to say that the value of the coat rather than the amount of the lien determined the degree of the larceny. State v. Cohen, (Minn. 1935) 263 N. W. …


Trusts-Liability Of Trust Estate For Torts Of Trustee Feb 1936

Trusts-Liability Of Trust Estate For Torts Of Trustee

Michigan Law Review

Defendants, trustees of land which had been leased for years to plaintiff, demanded that plaintiff stop removing crops from the land until the past-due rent was paid. Such a removal of crops was a criminal offense by South Carolina statute. In a suit for libel against the defendants in their representative capacity, held, defendants' demurrer sustained. Ross v. Moses, 175 S. C. 355, 179 S. E. 757 (1935).


Criminal Law-Misconduct Of Attorneys During Trial-Possible Remedies Jan 1936

Criminal Law-Misconduct Of Attorneys During Trial-Possible Remedies

Michigan Law Review

Petitioner was indicted in a federal district court charged with having conspired with others to utter counterfeit Federal Reserve Bank notes. The case against the accused was weak. The prosecuting attorney in his arguments to the jury and in the examination of witnesses persisted over defendant's objections in making improper suggestions, insinuations and unproved assertions of personal knowledge, all highly unfavorable to defendant's case. The district court sustained objections to some of the questions but the case was submitted to the jury and defendant found guilty. Defendant appealed. Held, the misconduct of the prosecuting attorney being prejudicial to defendant …