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Articles 91 - 103 of 103
Full-Text Articles in Law
Out-Of-State Witnesses And Compulsory Process: The Indigent Defendant's Rights
Out-Of-State Witnesses And Compulsory Process: The Indigent Defendant's Rights
Washington and Lee Law Review
No abstract provided.
Discovery Of Witness Identity Under Preliminary Proposed Federal Criminal Rule 16, Robert R. Kaplan
Discovery Of Witness Identity Under Preliminary Proposed Federal Criminal Rule 16, Robert R. Kaplan
William & Mary Law Review
No abstract provided.
Criminal Procedure--Evidence--Composite Drawing Not Producible Under Jencks Act--United States V. Zurita, Michigan Law Review
Criminal Procedure--Evidence--Composite Drawing Not Producible Under Jencks Act--United States V. Zurita, Michigan Law Review
Michigan Law Review
Following a bank robbery, the bank manager and his wife provided descriptions enabling an agent of the Federal Bureau of Investigation to compose drawings of the robbers which were then "approved" by each of these witnesses as being substantially accurate. At the defendant's trial four years later, he was identified by the manager and his wife as one of the robbers. The defendant, in an attempt to impeach their testimony, requested that the government be compelled under the Jencks Act to produce the original composite drawings. The trial court denied this request, stating that the production of these drawings was …
Confining Material Witnesses In Criminal Cases
Confining Material Witnesses In Criminal Cases
Washington and Lee Law Review
No abstract provided.
Compulsory Attendance Of Nonresident Witnesses, J. D. Mcd.
Compulsory Attendance Of Nonresident Witnesses, J. D. Mcd.
West Virginia Law Review
No abstract provided.
Attendance Of Out-Of-State Witnesses In Criminal Trials
Attendance Of Out-Of-State Witnesses In Criminal Trials
Washington and Lee Law Review
No abstract provided.
Abstracts Of Recent Cases, A. G. H.
Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.
Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.
Michigan Law Review
Petitioner was convicted of murder in the first degree with a recommendation for life imprisonment. In reliance on police and probation reports showing petitioner's background which included over thirty burglaries for which he had never been arraigned and a "morbid sexuality," the trial judge disregarded the jury's recommendation and imposed the death sentence. Although petitioner did not have an opportunity to examine the reports prior to the sentence hearing, he was represented by counsel at the hearing and did not challenge them at that time. Petitioner contended that he had been denied due process of law because his sentence had …
Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton
Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton
Michigan Law Review
It is the purpose of this comment to discuss the validity under the Federal Constitution of an indictment, drawn in accordance with the proposed code, which would merely accuse the defendant of having committed some kind of "offense," and would leave the particulars of the offense to a bill of particulars.
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Michigan Law Review
The defendant was convicted of transporting a female in interstate commerce for immoral purposes. Over the defendant's objection the trial court permitted testimony against him to be given by the defendant's wife. This ruling he assigned as error but held a wife is competent as a witness against her husband. Yoder v. United States, (C. C. A. 10th, 1935) 80 F. (2d) 665.
Criminal Law And Procedure - Right Of Accused To Be Present At Trial
Criminal Law And Procedure - Right Of Accused To Be Present At Trial
Michigan Law Review
In a prosecution for bank robbery, testimony of a witness which did not connect the accused with the crime and merely served to qualify the witness was received during the unnoticed and involuntary absence of the accused. No objection was made by the counsel for the accused who was present at the time. When the accused's absence was discovered, the motion of counsel that the cause be withdrawn from the jury was overruled and the court admonished the jury not to consider the testimony. Appellant contended that he had been denied a right and that therefore injury must be presumed. …
Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case
Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case
Michigan Law Review
The defendant, being tried in a federal district court on an indictment for conspiracy to violate the prohibition law, offered his wife as a witness in his behalf. The district court, following what it concluded to be the established rule of the federal courts, refused to allow her to testify. The circuit court of appeals affirmed this ruling without discussing the point. Certiorari was granted by the Supreme Court, limited to the question as to what law was applicable in determining the competency of the wife. Held, that the federal courts have the power to determine for themselves the …
Crimes-Influence From The Defendants Failure To Testify
Crimes-Influence From The Defendants Failure To Testify
Michigan Law Review
The testimony given on a trial for murder indicated that the defendant had shot and killed one of his pursuers while fleeing the scene of a robbery in which he had taken a principal part. The trial court instructed the jury that the defendant, while not compellable, was competent to be a witness in his own behalf; and that although his failure to take the stand raised no presumption of his guilt, if facts were testified to which were accusations against the defendant which he could by his oath deny, and he failed to take the stand in his own …