Law Commons^™

Criminal Law—Coerced Confessions, Jules Gordon

Buffalo Law Review

Stein v. New York, 346 U. S. 156 (1953).

Criminal Law—Indictment, Myron Siegel

Buffalo Law Review

People v. De Santis, 305 N. Y. 44, 110 N. E. 2d 549 (1953), cert. denied, 345 U. S. 944 (1953).

Criminal Law—At The Trial, Myron Siegel

Buffalo Law Review

People v. Feld, 305 N. Y. 322 113 N. E. 2d 440 (1953); People v. Trowbridge, 305 N. Y. 471, 113 N. E. 2d 841 (1953); People v. Leyra, 304 N. Y. 468, 108 N. E. 2d 673 (1953), cert. denied, 345 U. S. 918 (1953), rehearing denied, 345 U. S. 946 (1953); People v. Cocco, 305 N. Y. 282, 113 N. E. 2d 422 (1953); People v. Lupo, 305 N. Y. 448, 113 N. E. 2d 793 (1953); People v. Costello, 304 N. Y. 63, 110 N. E. 2d 880 (1953); Hogan v. Bohan, 305 N. Y. 110, 111 …

Criminal Law—Right Of Appeal, Myron Siegel

Buffalo Law Review

In Re Ryan, 306 N. Y. 11. 114 N. E. 2d 183 (1953).

Criminal Procedure - Juries - Effect Of Disqualified Juror On The Verdict, Joseph M. Kortenhof S.Ed.

Michigan Law Review

Defendant was convicted of selling whiskey and imprisoned in the county jail. After the time for appeal had elapsed he discovered that one jury member had been an unpardoned convict. In a habeas corpus proceeding the defendant urged that the judgment was void and subject to collateral attack. The county court refused to discharge the defendant. On appeal, held, affirmed. Discovery after the verdict that a convict sat on the jury, contrary to statute, gives an automatic right to a new trial. However, since the defect only renders the verdict voidable and not void it must be challenged within …

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

Jesse Carter Opinions

An alleged conflict between the information and the evidence was not grounds for reversal of defendant's conviction where the substance of the indictment was sufficient to give defendant notice of the offense of which he was accused.

In Re Dixon [Dissent], Jesse W. Carter

Jesse Carter Opinions

Writ of habeas corpus was denied to petitioner convicted of counterfeiting because he was not entitled to a consideration of claims that were based upon his version of the conflicting evidence which could have been, but were not, raised on appeal.

The Bill Of Particulars In Virginia, Arthur W. Phelps

Faculty Publications

No abstract provided.

Constitutional Law - Public Trial In Criminal Cases, Carl S. Krueger S.Ed.

Michigan Law Review

The criminal trial has been traditionally open to the public in Anglo-Saxon procedure, as it was in Roman and other civilized societies of an earlier time. The public trial of today, however, has been subjected to considerable criticism on the ground that there is a tendency for criminal trials to degenerate into public spectacles, frequently interrupting the orderly procedure of justice, and not infrequently actually prejudicing the accused. If no useful purpose is served by the presence of the idle public during the deadly serious determination of guilt or innocence, should not the judge, subject to the right of admittance …

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

Jesse Carter Opinions

Instruction on lying in wait did not require a showing of intent to fix the degree and instruction distinguishing first and second degree murder in addition to the lying in wait instruction was sufficient.

Criminal Law-Propriety Of Instructing Jury As To Possibility That Sentence Set By Jury May Be Affected By Commutation Or Parole. [Virginia]

Washington and Lee Law Review

No abstract provided.

Criminal Law And Procedure, William D. Warren

Vanderbilt Law Review

In the field of Criminal Law and Procedure, the Tennessee Supreme Court might be said to have completed a normal, even typical, year; some new law was announced, and much existing law was reiterated and reshaped. The Court's respect for local precedent persisted undiminished. No Tennessee case was directly overruled, and Tennessee precedents were closely adhered to when available. Not a single dissent appeared in the cases discussed in this article. The brevity of appellate opinions--particularly their highly condensed fact paragraphs--makes critical analysis of them a difficult and somewhat risky procedure. Nevertheless, an attempt has been made in this article …

People V. Lawrance, Jesse W. Carter

Jesse Carter Opinions

There was sufficient evidence for the jury to infer that a victim's death was not accidental where the victim had been struck six times on the head with the same instrument.

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

Jesse Carter Opinions

At trial on charges of manslaughter and driving a vehicle under the influence of intoxicating liquor, admission of testimony concerning the results of a blood test taken without defendant's consent did not deprive her of due process of law.

People V. Daugherty, Jesse W. Carter

Jesse Carter Opinions

First-degree murder conviction was upheld when the intent to torture was established and the jury dismissed the insanity defense when the defendant failed to establish his insanity by a preponderance of the evidence.

Trial By Jury—Waiver—Trial Before Eleven Jurors, Alan F. Austin

Washington Law Review

D was indicted for second-degree burglary. During the course of the trial one of the jurors became ill, and on motion of D's counsel, with approval of the prosecutor and the court, the ailing juror was excused and the trial proceeded with eleven jurors. The jury of eleven subsequently brought in a verdict of guilty against D. Appeal. Held: Affirmed. An accused may waive his privilege of trial before a jury of twelve and submit it to eleven jurors if he acts intelligently, voluntarily, and free from improper influences. State v. Lane, 40 Wn. 2d 734, 264 P. 2d 474 …

Criminal Law—Indictment Dismissed Where Illegal Evidence Influenced Grand Jury, Myron Siegel

Buffalo Law Review

People v. Leary, 280 App. Div. 679, 117 N. Y. S. 2d 392 (3d Dep't 1952).

Constitutional Law—Mistrial In Absence Of Legal Error Held Due Process, Irwin N. Davis

Buffalo Law Review

Brock v. State of North Carolina, 73 S. Ct. 349 (1953).

Constitutional Law—Proof Of Intoxication Obtained From Blood Test Held Violative Of Due Process, Paul Gonson

Buffalo Law Review

People v. Haessuler, __ Cal. App. __, 248 P. 2d 434 (2d Dist. 1952).

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--ANNULMENT FOR MENTAL INCAPACITY--APPLICABILITY OF LAW OF DOMICIL

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CONFLICT OF LAWS -DAMAGES -EFFECT OF OUT-OF-STATE EMPLOYMENT CONTRACT

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CONFLICT OF LAWS --DIRECT ACTION AGAINST INSURER--CONSTITUTIONALITY OF STATUTE REQUIRING APPLICATION TO OUT-OF-STATE INSURANCE POLICIES

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CONFLICT OF LAWS --JURISDICTION -FOREIGN ACTS AFFECTING COMMERCE

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CONFLICT OF LAWS --JURISDICTION --SERVICE ON UNINCORPORATED NONRESIDENT

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CONFLICT OF LAWS --JURISDICTION --TRESPASS TO LAND AS TRANSITORY ACTION

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CRIMINAL PROCEDURE --SUSPENDED SENTENCE --FACTORS CONSIDERED IN REVOCATION

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FEDERAL PROCEDURE --RULE 50(b) --TRIAL COURT'S DISCRETION TO GRANT NEW TRIAL OR JUDGMENT

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LIMITATION OF ACTIONS --STATUTORY CONSTRUCTION--"ACT OR OMISSION COMPLAINED OF"

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PROCEDURE-- …

Evidence—Admissibility Of Related Offenses, Dale Riveland

Washington Law Review

D was charged with sodomy and rape. A confession of a prior similar assault and attempted rape was admitted with the instruction that the confession should be used only for whatever bearing it might have upon common scheme or plan in connection with the rape charges. D was acquitted of rape and convicted of sodomy. Appeal. Held: Affirmed. Evidence of other crimes may not be admitted unless the evidence is relevant and necessary to prove an essential ingredient of the crime charged. This confession was not sufficiently related to show w common scheme or plan. However, D was not prejudiced …

The Background Of The Uniform Code Of Military Justice, Edmund M. Morgan

Vanderbilt Law Review

The Articles of War and the Articles for the Government of the Navy have always constituted the code of criminal law and criminal procedure for the Armed Forces. In contrast to the law governing civilians, the punishments imposable are not specified in the Code but are left to be fixed by the military authorities, except that the later codes do not authorize punishment by death save for specifically designated offenses. The system also provides for summary punishment for minor infractions and a series of courts--a general court having power to try all offenses, a special court with limited power to …

Criminal Procedure-Extradition For Non-Support Under Section 6 Of The Uniform Criminal Extradition Act, David D. Dowd, Jr.

Michigan Law Review

Petitioner had been divorced while residing in the State of California and ordered to pay $30 per month to his wife for the support of three minor children. After moving to New Mexico he defaulted in the payments. The Governor of California requested the extradition of the petitioner under section 6 of the Uniform Criminal Extradition Act to answer the charge of failure to provide for minor children. Petitioner questioned his detention under the order for extradition by seeking a writ of habeas corpus in an original proceeding before the Supreme Court of New Mexico. Held, writ denied. Section …

Constitutional Law-Due Process-Burden Of Proving Insanity As Defense To Crime, Lois H. Hambro S.Ed.

Michigan Law Review

Defendant was convicted of first degree murder after having pleaded insanity as a defense to the charge. He appealed to the Supreme Court of Oregon, alleging that the Oregon statute, which required an accused pleading insanity to prove it beyond a reasonable doubt, violated the due process clause of the Fourteenth Amendment because it placed on him the burden of proving his inability to premeditate and intend the criminal act. The defendant relied in part on the fact that Oregon is the only state requiring insanity to be proved ''beyond a reasonable doubt," while other states require at most that …

Vanderbilt: Cases And Materials On Modern Procedure And Judicial Administration, Charles W. Joiner

Michigan Law Review

A Review of CASES AND MATERIALS ON MODERN PROCEDURE AND JUDICIAL ADMINISTRATION by Arthur T. Vanderbilt.

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

Jesse Carter Opinions

A deceased passenger's statement that defendant caused an automobile accident was admissible in defendant's trial for manslaughter as a spontaneous declaration.

Constitutional Limitation On Change Of Venue In Criminal Cases - Heslop V. State

Maryland Law Review

No abstract provided.

Current Decision, Right To Inspect Memoranda Used To Revive Recollection, Howard Klemme

Publications

No abstract provided.

Should Reversal Of Criminal Conviction Because Of Insufficient Evidence, Under The New Criminal Rules, Be With Or Without A New Trial? - Lambert V. State

Maryland Law Review

No abstract provided.

Constitutional Law-Right To Bail, Robert L. Sandblom S.Ed.

Michigan Law Review

The Eighth Amendment of the Constitution provides that "Excessive bail shall not be required . . . ." This clause, as with all of the Bill of Rights, serves as a limitation on the federal government. From a very early date this provision has likewise established a boundary on the discretion of the federal courts in their exercise of criminal jurisdiction. Although this Eighth Amendment provision is a protection against federal encroachment, it does not limit the powers of states, arguments of individual Justices to the contrary notwithstanding.

In the recent Supreme Court decision of Stack v. Boyle, this …