Law Commons^™

People V. Granados [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant was entitled to modification of his conviction of first degree murder to second degree murder because no competent evidence established that he engaged in sexual molestation of a child under the age of 14.

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

Criminal Law--Habeus Corpus--Lack Of Jurisdiction Resulting From Failure To Comply With Habitual Criminal Statute, D. L. Mcc.

West Virginia Law Review

No abstract provided.

Alcoholism And The Law, Melvin L. Selzer

Michigan Law Review

The American public has recently been subjected to a deluge of articles and books on the subject of alcoholism. While these contributions have been filled with valuable information, certain omissions have been noticeable. These omitted facts are of vital significance to any one wanting to gain insight into the broad problem of alcoholism. The first omission is a failure to stress that no one-or almost no one-knows who is alcoholic. This may include the alcoholic himself. It is a point of considerable importance in determining the proper disposition of certain criminal cases.

Corporations - Dissolution - Effect On Federal Criminal Prosecution Against Corporation, Lawrence J. Labrie

Michigan Law Review

Defendant corporation was prosecuted along with its officers .and employees for submitting false statements on FHA insured loans and for conspiracy. After return of indictment the corporation was voluntarily dissolved under Texas law. The corporation's motion to dismiss the indictment on the ground that dissolution abated the prosecution was overruled. On appeal, held, affirmed. Article 1388 of the Texas civil statutes which constitutes the president and directors trustees "to settle the affairs" of a dissolved corporation and to "maintain or defend judicial proceedings," continues the corporation in existence for the purpose of defending federal criminal proceedings. Alamo Fence Company …

People V. Craig, Jesse W. Carter

Jesse Carter Opinions

Without a showing of premeditation or a showing that a murder was committed in an attempt to commit rape, a first degree murder conviction should have been a second degree murder conviction for the killing of the female victim by defendant.

Criminal Law - Due Process - Public Policy As Valid Grounds For Denying Recovery Of Proceeds Of Illegal Act, John Morrow S.Ed.

Michigan Law Review

Plaintiff collected a $10 fee from a number of persons for the privilege of attending a farm outing and photographing female models, some of whom posed in the nude. The sheriff arrested all concerned. Plaintiff pleaded guilty to a charge of outraging public decency and was fined $50. The others were found guilty of disorderly conduct. Plaintiff brought a trover action against the sheriff who had kept the money ($149) which the plaintiff had collected, but the trial court dismissed the action. On appeal to the New York Court of Appeals, held, affirmed, one judge dissenting. Plaintiff could not …

Criminal Law—Criminal Contempt, Jack Getman

Buffalo Law Review

People v. Saperston, 2 N.Y.2d 210, 159 N.Y.S.2d 160 (1957).

Criminal Law—Recantation, Joel Brownstein

Buffalo Law Review

People v. Ezaugi, 2 N.Y.2d 439, 161 N.Y.S.2d 75 (1957).

Ignorance And Mistake In Criminal Law, Jerome Hall

Indiana Law Journal

No abstract provided.

Criminal Law—Unlicensed Practice Of Law, Richard Brocklebank

Buffalo Law Review

In re Roel, 3 N.Y.2d 224, 165 N.Y.S.2d 31 (1957).

Criminal Law—Conviction For Speeding Based Upon Speedometer Reading, Walter Barrett

Buffalo Law Review

People v. Heyser, 2 N.Y.2d 390, 161 N.Y.S.2d 36 (1957); People v. Marsellus, 2 N.Y.2d 653, 163 N.Y.S.2d 1 (1957).

Criminal Law—Sentence—Multiple Punishment, Edwin Yaeger

Buffalo Law Review

People ex rel. Mauer v. Jackson, 2 N.Y.2d 259, 159 N.Y.S.2d 203 (1957).

Criminal Law—Breach Of Peace, George M. Gibson

Buffalo Law Review

People v. Carcel, 3 N.Y.2d 327, 165 N.Y.S.2d 113 (1957).

Criminal Law—Criminal Negligence In Operation Of Motor Vehicles, Donald N. Roberts

Buffalo Law Review

People v. Decina, 2 N.Y.2d 133, 157 N.Y.S.2d 558 (1956); People v. Eckert, 2 N.Y.2d 126, 157 N.Y.S.2d 551 (1956).

Criminal Law—Per Curiam, Buffalo Law Review

Buffalo Law Review

People v. Kalan, 2 N.Y.2d 278, 159 N.Y.S.2d 480 (1957); People v. Farina, 2 N.Y.2d 454, 161 N.Y.S.2d 88 (1957).

Criminal Law—Receipt Of Bribes By Labor Representative, Glenn Morton

Buffalo Law Review

People v. Cilento, 2 N.Y.2d 55, 156 N.Y.S.2d 673 (1956).

Criminal Law—Trial—Right Of Defendant To Be Free Of Shackles, Edwin Yaeger

Buffalo Law Review

People v. Mendola, 2 N.Y.2d 270, 159 N.Y.S.2d 473 (1957).

Criminal Law—Parole Violation, Robert Lane

Buffalo Law Review

People ex rel. Watkins v. Murphy, 3 N.Y.2d 163, 164 N.Y.S.2d 719 (1957).

Criminal Law—Surrender Of Prisoner Not Commutation Of Sentence, Beryl Mcguire

Buffalo Law Review

People v. rel. Reynolds v. Martin, 3 N.Y.2d 217, 165 N.Y.S.2d 26 (1957).

Criminal Law—Public Trial, Jack Getman

Buffalo Law Review

New York Post Corp. v. Leibowltz, 2 N.Y.2d. 677, 163 N.Y.S.2d 409 (1957).

Criminal Law—Revocation Of Driver's License, Walter Barrett

Buffalo Law Review

Hubbell v. Macduff, 2 N.Y.2d 563, 161 N.Y.S.2d 857 (1957); Astman v. Kelly, 2 N.Y.2d 567, 161 N.Y.S.2d 860 (1957).

People V. Sheran, Jesse W. Carter

Jesse Carter Opinions

The trial court had the power to modify a verdict by reducing the class of defendant's crime. Substantial evidence in the record supported the modification, and no inference could be drawn from the evidence contrary to those drawn by the jury.

In Re Carmen [Dissent], Jesse W. Carter

Jesse Carter Opinions

Prisoner's conviction could not be attacked on habeas corpus upon allegations of new and additional facts claiming that convicting court lacked jurisdiction over offense because jurisdictional allegations did not appear upon face of trial record.

Criminal Law, Robert L. Fletcher

Washington Law Review

Covers perjury by deposition—an abortive redefintion.

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 …

Criminal Law, Stanley M. Johanson

Washington Law Review

Coves cases on appeal—preservation of grounds—misconduct of the prosecuting attorney.

People V. Duroncelay [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's rights were not violated and results of the alcohol test were properly admitted in evidence in trial for driving under the influence of alcohol when extraction was made in a medically approved manner and was incident to the lawful arrest.

The Federal Courts And Indirect Criminal Contempt, Philip L. Peeler

Vanderbilt Law Review

The purpose of this note will be to deal with one method of implementation, i.e., the use of the court's power to punish for criminal contempt particularly in regard to decrees, and the extent to which and under what circumstances persons not directly named in those decrees may be subjected to punishment for conduct of a criminal nature which interferes with the enforcement of those decrees...

Judicial decisions which conflict with settled moral and ethnological convictions are not translated overnight into effective standards of acceptable behavior. The decisions, however, must be implemented.'The purpose of this note will be to deal …

Evidence - Examination Of Witnesses - Surprise As Grounds For Impeaching A Party's Own Witness, John A. Ziegler, Jr. S.Ed., Raymond Dittrich

Michigan Law Review

The defendant was convicted of the statutory rape of his stepdaughter. Immediately following the alleged offense, the victim had signed a statement accusing the defendant of the crime charged. Before the trial, however, the district attorney was advised by the defense counsel, and by the victim herself, that the written statement was not true. At the trial, when called as a witness by the commonwealth, the girl repudiated her earlier statement, whereupon the district attorney pleaded surprise and was permitted to use the prior statement to impeach. On appeal, held, affirmed. The district attorney was "actually surprised" when the …