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Articles 1 - 7 of 7
Full-Text Articles in Law
Physicians And Surgeons-When Physician Obliged To Disclose Information Gained Through Doctor-Patient Relation
Michigan Law Review
In April of this year a Minnesota physician, Dr. Clayton E. May, treated for gunshot wounds a certain undesirable person, John Dillinger, very much in demand by the police. He further neglected to inform the police concerning his ministrations, and as a result, was tried in a federal court on a charge of harboring a fugitive wanted under a federal warrant, found guilty, and sentenced to serve two years in a penitentiary and to pay a fine of $1,000. Said a prominent English medical journal in commenting on the case: " . . . colleagues in every country will applaud …
Evidence - Admissibility Of Blood-Group Test
Evidence - Admissibility Of Blood-Group Test
Michigan Law Review
The old axiom, "blood will tell," has been given a new lease on life by the work of biochemists and hereditists in the last thirty years. At the beginning of the twentieth century a scientist, Karl Landsteiner, working on the means to make blood transfusions safe, discovered that the New Testament saying, the Almighty "hath made of one blood all nations of men," is not true. He found that human blood is divided into four groups, characterized by the possession or non-possession of certain substances in the serum and the corpuscles of the blood. If one puts a little blood …
Criminal Law And Procedure-Larceny-Hunger And Want As Defense
Criminal Law And Procedure-Larceny-Hunger And Want As Defense
Michigan Law Review
A large group of unemployed marched on a Red Cross commissary to request a larger ration of flour. After locating the chairman and being answered with a firm and final refusal, a large part of the group went into a private store and carried off groceries without paying for them. At the trial the appellants offered to prove conditions of poverty and want among the unemployed of that county on and prior to the date of the raid, for the purpose of showing a purpose and justification for the raid. Held, such evidence was correctly excluded. State v. Moe …
Criminal Law And Procedure - Statutory Construction
Criminal Law And Procedure - Statutory Construction
Michigan Law Review
The rule of strict construction of criminal statutes is fortified and established by innumerable cases of both recent and early vintage. Chief Justice Marshall, in the leading American case of United States v. Wiltberger, said, "The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself."
Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment
Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment
Michigan Law Review
Defendants Chambers and Gibson were indicted on June 5, 1933, for conspiracy to violate the National Prohibition Act, and for possessing and transporting liquor in violation of the Act. Chambers pleaded guilty, and the case was continued to the December term. The case was called for trial as to Gibson on December 6, 1933. Chambers filed a plea in abatement, and Gibson demurred to the indictment. Held, the repeal of the Eighteenth Amendment, by the adoption of the Twenty-first, proclaimed December 5, 1933, barred further prosecution. United States v. Chambers and Gibson, (U.S. Sup. Ct. 1934) 1 U.S. …
Constitutional Law - Federal Control Over Crime - Scope Of Power To Regulate Crime Under The Commerce Clause
Michigan Law Review
The increase of criminal activities interstate in scope, and the growing dissatisfaction with state enforcement of local laws, have focused attention of late upon the power of Congress to regulate crime under the commerce clause of the Constitution. Outstanding among proposals for congressional legislation are the following: making interstate felonies federal offenses; punishing criminals who flee across state lines after committing a crime; and restricting the sale and transportation of firearms. Most, if not all, of this suggested legislation must rest on the commerce clause for its validity. We purpose here to discuss the nature and scope of this power, …
Criminal Law And Procedure - "Public Enemy" Statutes - Constitutionality
Criminal Law And Procedure - "Public Enemy" Statutes - Constitutionality
Michigan Law Review
Defendants were convicted of the crime of being disorderly persons within the meaning of section 167, Michigan Public Acts, 1931, No. 328, which provided that "any person who engages in an illegal occupation or business . . . shall be deemed a disorderly person. Proof of recent reputation for engaging in an illegal occupation or business shall be prima fade evidence of being engaged in an illegal occupation or business." Police officers testified as to the reputation of the defendants for being bootleggers, stick-up men, robbers, and murderers. Held, that section 167 of the statute is unconstitutional and void …