Law Commons^™

Criminal Law And Procedure -- 1957 Tennessee Survey, James B. Earle

Vanderbilt Law Review

Homicide: The statutory requirement that a killing be "willful; deliberate, malicious, and premeditated" for a finding of murder in the first degree is not applicable to a killing committed while in the perpetration of one of the felonies listed in the statute. This question arose in Farmer v. State, in which it appeared that the killing resulted from the setting on fire of a dwelling, i.e. arson, by the defendant. It was urged on appeal to the Tennessee Supreme Court that there was no proof of felonious homicide because there was no showing of an intent to kill nor even …

Recent Extensions Of Felony Murder Rule

Indiana Law Journal

No abstract provided.

Criminal Law--Felony-Murder--Statutory Interpretation, G. T. L.

West Virginia Law Review

No abstract provided.

Criminal Law - Felony -Murder Rule - Application To The Justifiable Killing Of An Accomplice By The Intended Victim, Frank M. Lacey

Michigan Law Review

The defendant and an armed accomplice held up a grocery store, took money at gun point from the proprietor and fled in opposite directions. The proprietor pursued the accomplice and killed him in the gun battle that ensued. Defendant escaped, but later was apprehended and indicted on a charge of first degree murder. On appeal from a judgment sustaining defendant's demurrer to the evidence, held, reversed and new trial ordered, three judges dissenting. The defendant may be convicted of first degree murder under the Pennsylvania statute which provides that "all murder ... which shall be committed in the perpetration …

Criminal Law And Procedure -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Most of the criminal law cases in the Tennessee courts during the past year have dealt with matters of procedure. The basic principles derived from these cases are treated in the Procedure and Evidence article of this 1954 Survey.' However, those cases of especial interest and significance will be considered here in somewhat greater detail. In addition to procedural matters there were a few cases which turned on concepts basic in the substantive law of crimes.

Substantive Law

Homicide: Tennessee has enunciated and followed a rule which states that driving an automobile while intoxicated is an act malum in se, …

Negligent Homicide In The Operation Of An Automobile: Kentucky's 1952 Statute, Robert C. Moffit

Kentucky Law Journal

No abstract provided.

A Suggested Homicide Statute For Kentucky, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

Defense Of Third Persons As Excuse For Homicide, James Daniel Cornette

Kentucky Law Journal

No abstract provided.

Re-Examination Of The Right Of An Officer To Kill A Fleeing Suspected Felon, Delmer Ison

Kentucky Law Journal

No abstract provided.

The Historical Development Of Self-Defense As Excuse For Homicide, Jack Lowery Jr.

Kentucky Law Journal

No abstract provided.

Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft

Michigan Law Review

Defendant was convicted of the crime of negligent homicide and appealed, alleging that the Louisiana statute, making violation of a statute or ordinance presumptive evidence of criminal negligence, was repugnant to the due process clauses of the state and federal constitutions. Held, affirmed. The effect of the statute is merely to shift the burden of introducing evidence of one element of the crime charged: that of criminal negligence. The presumption does not operate as a prima facie presumption of guilt of the crime -and the state must still prove every element of the offense. State v. Nix, (La. …

Criminal Law--The Doctrine Of Transferred Intent In Homicide, E. Durward Weldon

Kentucky Law Journal

No abstract provided.

Criminal Law--Presumption Of Malice From Proof Of The Homicide, Frank Selby Hurst

Kentucky Law Journal

No abstract provided.

Criminal Law And Procedure-Jury Trial- Directed Verdict Of Guilty- Michigan Rule, Michigan Law Review

Michigan Law Review

The defendant was convicted of negligent homicide as the result of a collision between his car and another, in which an occupant of the other car was killed. The trial court charged the jury, inter alia, "The court submits the case to you for your determination. The view of the court is that under the law there is only one verdict that can be found by the jury under the evidence in this case in its most favorable light." This was objected to by the defendant as error. Held, the instruction was in effect a direction of a verdict …

Homicide--Is Knowledge Of Danger Necessary In Murder By A Dangerous Act?, J. Wirt Turner Jr.

Kentucky Law Journal

No abstract provided.

Homicide--Aiding And Abetting--Moral Duty To Act, J. Wirt Turner Jr.

Kentucky Law Journal

No abstract provided.

Homicide--Burden Of Proof When Defense Is Insanity, James D. Allen

Kentucky Law Journal

No abstract provided.

The Development Of Negligence As A Basis For Liability In Criminal Homicide Cases, John L. Davis

Kentucky Law Journal

No abstract provided.

Homicide In Resisting Arrest, A. W. G. Kean

Kentucky Law Journal

No abstract provided.

Homicide--Responsibility For Failure To Perform Affirmative Acts, Julius Cohen

West Virginia Law Review

No abstract provided.

Crimes--Homicide In Defense Of Property, Eleanor Dawson

Kentucky Law Journal

No abstract provided.

Crime--Statutory Degrees Of Homicide In Kentucky, Harry I. Stegmaier

Kentucky Law Journal

No abstract provided.

Homicide In Defense Of Property, C. F. Pace

Kentucky Law Journal

No abstract provided.

Crimes--Homicide In Defense Of Personal Property, William Hume

Kentucky Law Journal

No abstract provided.

Criminal Law--Homicide--Defendant's Guilt Where Death Is Caused By Non-Attention To Wound Inflicted By Defendant, James C. Lyne

Kentucky Law Journal

No abstract provided.