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Full-Text Articles in Law

The Proposed Federal Rules Of Criminal Procedure, Wendell Berge Dec 1943

The Proposed Federal Rules Of Criminal Procedure, Wendell Berge

Michigan Law Review

The recently published Preliminary Draft of the Federal Rules of Criminal Procedure is now before the bench and bar for discussion. The rules proposed are, of course, tentative. Following a procedure similar to that adopted in the case of the civil rules a few years ago, they have been printed and distributed by the Advisory Committee at this stage for the purpose of obtaining criticisms and suggestions. Some of the rules merely restate existing law as provided by statute or adopted by general agreement in judicial decisions. Others work substantial procedural changes. How is the product to be judged?


Searches And Seizures-The Criterion Of Reasonableness Aug 1943

Searches And Seizures-The Criterion Of Reasonableness

Michigan Law Review

Epithetical jurisprudence is an easy way out of difficulty. Find some term to the use of which established law has commonly attached a consequence; apply that term to the fact situation at hand; the legal consequence is automatically determined. If it happens that the new fact situation is not quite like those to which the term has previously been applied, the term has unobtrusively acquired a new significance; but the forms of logical decision have been followed. One perennial illustration of that epithetical process is the judicial determination that a particular search or seizure is "reasonable" or "unreasonable" epithets whose …


Witnesses-Privilege Against Self-Incrimination-Effect Of Incorrect Decision By Trial Judge In Compelling Answer When Privilege Asserted Jun 1943

Witnesses-Privilege Against Self-Incrimination-Effect Of Incorrect Decision By Trial Judge In Compelling Answer When Privilege Asserted

Michigan Law Review

ln a judicial proceeding, a question is asked of a witness, which question he declines to answer, claiming that the answer will tend to incriminate him. The judge orders him to answer. He does so and the answer does incriminate him. What happens?


Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop Apr 1943

Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop

Michigan Law Review

The defendant was indicted for a felony on charges of wilfully attempting to "evade or defeat'' federal income taxes based on his failure to report money allegedly received by him from "backers" of numbers games in exchange for political protection. On cross-examination he was questioned about certain payments made in the year following the ones on which the indictment was based. His attorney objected on the ground that the question was going to be the subject of another indictment against the defendant, and asked that the jury be dismissed while an argument was had upon the point of law raised. …


Habeas Corpus As A Method Of Review-Prohibition-Mandamus Apr 1943

Habeas Corpus As A Method Of Review-Prohibition-Mandamus

Michigan Law Review

It is a well-settled rule, sustained by innumerable cases, that errors and irregularities committed by a court within the sphere of its jurisdiction cannot be inquired into in habeas corpus proceedings. The reason commonly given for this rule is that such a proceeding is a collateral attack on the judgment, and a collateral attack is necessarily limited to the inquiry whether the court has acted without jurisdiction or has exceeded its jurisdiction.


Further On Appeals By The State In Criminal Cases State V. Rosen Jan 1943

Further On Appeals By The State In Criminal Cases State V. Rosen

Maryland Law Review

No abstract provided.


Character Of Deceased And Uncommunicated Threats By Deceased In Homicide Cases, Henry Howe Bramblet Jan 1943

Character Of Deceased And Uncommunicated Threats By Deceased In Homicide Cases, Henry Howe Bramblet

Kentucky Law Journal

No abstract provided.


Evidence: Effect Of Conviction In Subsequent Civil Suit, Henry Howe Bramblet Jan 1943

Evidence: Effect Of Conviction In Subsequent Civil Suit, Henry Howe Bramblet

Kentucky Law Journal

No abstract provided.


A Critique Of The Test Of Insanity In Criminal Cases In Kentucky, Carleton M. Davis Jan 1943

A Critique Of The Test Of Insanity In Criminal Cases In Kentucky, Carleton M. Davis

Kentucky Law Journal

No abstract provided.


Effect Of Comment On Failure Of Defendant To Testify In Kentucky, Robert M. Spragens Jan 1943

Effect Of Comment On Failure Of Defendant To Testify In Kentucky, Robert M. Spragens

Kentucky Law Journal

No abstract provided.