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Articles 1 - 30 of 103
Full-Text Articles in Law
Assault And Battery - Intent To Harm - Negligence - Liability For Injury To An Allergic Person, Michigan Law Review
Assault And Battery - Intent To Harm - Negligence - Liability For Injury To An Allergic Person, Michigan Law Review
Michigan Law Review
Defendant's agent conducted in plaintiff's store a demonstration of a fly-spray, manufactured by another company, intending to interest plaintiff in retailing it. The spray was placed in an electric difusor which gave off a fly-killing vapor. Plaintiff's wife, unknown to defendant, was allergic to pyrethrum, an ingredient of the spray, and became violently ill upon coming in contact with the vapor. An action for assault and battery was brought. Held, defendant was not liable in the absence of an intent to do harm. Brabazon v. Joannes Bros. Co., (Wis. 1939) 286 N. W. 21.
Criminal Law And Procedure - Interpretation Of Statute, Michigan Law Review
Criminal Law And Procedure - Interpretation Of Statute, Michigan Law Review
Michigan Law Review
Convicted of the statutory crime of falsely uttering a bank check, defendant appealed on the ground that the instrument in question was a promissory note. It was in appearance and form a check except for the substitution of "will pay" for "pay" and the addition of the words "payable at" before the name of the bank. Held, affirmed, the court construing the instrument as a check. State v. Doudna, (Iowa, 1939) 284 N. W. 113.
Evidence - Criminal Law And Procedure - Admissibility Of Recording Made On Device At Receiving End Of Telephone Conversation, William H. Klein
Evidence - Criminal Law And Procedure - Admissibility Of Recording Made On Device At Receiving End Of Telephone Conversation, William H. Klein
Michigan Law Review
In a prosecution for conspiracy to violate the narcotic laws, defendant objected to the admission of a recorded telephone conversation between himself and an informer, taken down by the latter on a device attached to the receiver. Defendant contended that this was inadmissible under the rule of Nardone v. United States. Held, the evidence was not intercepted, therefore not within the purview of the Federal Communications Act and, consequently, admissible despite the Nardone decision. United States v. Yee Ping Jong, (D. C. Pa. 1939) 26 F. Supp. 69.
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Michigan Law Review
May an overruling decision be applied to ascertain the legal effect of prior conduct? In cases arising under the diversity of citizenship jurisdiction, the United States Supreme Court has held that the federal courts should apply earlier state court decisions, and not a decision overruling them, whenever the retroactive application of the new rule would adversely affect a party who had changed his position in reliance on the decisions overruled. In the absence of such reliance and change of position it has sustained the retroactive application of a new rule. If the basis of the first principle is elemental fairness …
Preparation For Crime As A Criminal Attempt, John S. Strahorn, Jr.
Preparation For Crime As A Criminal Attempt, John S. Strahorn, Jr.
Washington and Lee Law Review
No abstract provided.
Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen
Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen
Michigan Law Review
On an information charging the possession of "a certain habit forming drug, to wit: Marijuana . . . in violation of section 158, Chapter 91, Illinois Revised Statutes (1935)," defendant was convicted in the municipal court of Chicago. The Illinois adoption of the Uniform Narcotic Drug Act made the possession of "any narcotic drug" unlawful; defined "narcotic drugs" to include "cannabis"; and stated that "Cannabis includes the following substances, under whatever names they may be designated: (a) The dried flowering or fruiting tops of the pistillate plant Cannabis Sativa L.," from which the resin has not been extracted; (b) the …
Aliens - Deportation - Crimes Involving Moral Turpitude, John H. Uhl
Aliens - Deportation - Crimes Involving Moral Turpitude, John H. Uhl
Michigan Law Review
The petitioner in this case was an alien who had been convicted of smuggling into and concealing within the United States illegally imported alcohol. He was sentenced to serve a year and a day in a federal penitentiary. Upon his release, he was arrested and ordered deported under the Immigration Act of 1917, as an alien who after February 5, 1917 was sentenced to imprisonment for a term of more than a year because of conviction in this country of a crime involving moral turpitude, committed within five years after his entry to the United States. Petitioner seeks release on …
Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review
Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review
Michigan Law Review
After all the evidence had been produced for the jury's consideration in a murder trial, defendant's counsel moved to reopen the case and be permitted to take defendant to a laboratory to be examined under a pathometer, or lie detector. Held, that as the court could not take judicial notice that the instrument was or was not effective for determining the truth, because the record gave no indication of general scientific recognition, the motion was denied. People v. Forte, 279 N. Y. 204, 18 N. E. (2d) 31, affg. (King Co. Ct. 1938) 4 N. Y. S. (2d) …
Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review
Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review
Michigan Law Review
After conviction of rape allegedly committed upon defendant's thirteen year old daughter, defendant, on motion for new trial, produced an affidavit of the daughter recanting the testimony against defendant which the daughter had given at the trial. Held, the trial court did not abuse its discretion in refusing to grant a new trial. Sutton v. State, (Ark. 1938) 122 S. W. (2d) 617.
Criminal Law: Effect Of An Impossible Future Date In An Indictment
Criminal Law: Effect Of An Impossible Future Date In An Indictment
Indiana Law Journal
No abstract provided.
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Michigan Law Review
The sex offender has become an acute problem. Sociologists, psychiatrists, and lawyers sensing the imperative need for action have devoted much time and thought to the questions involved. Experience has shown that the sex offender is generally a recidivist; he has to be arrested and committed repeatedly for the same type of crimes. The point is graphically illustrated by the case of a man, fifty-nine years of age, arrested recently in Detroit for a sex offense involving a youth. An examination of his record showed that he had been arrested in 1899, when twenty-one years of age, on charges involving …
Arrest--Mistaken Identity--Liability Of Officer Without Warrant Attempting To Apprehend Known Felon, W. E. N.
Arrest--Mistaken Identity--Liability Of Officer Without Warrant Attempting To Apprehend Known Felon, W. E. N.
West Virginia Law Review
No abstract provided.
One Thousand Murderers, Emil Frankel
One Thousand Murderers, Emil Frankel
Journal of Criminal Law and Criminology
No abstract provided.
Behavior Of Bullets Fired Through Glass, William W. Harper
Behavior Of Bullets Fired Through Glass, William W. Harper
Journal of Criminal Law and Criminology
No abstract provided.
Prevention Of Juvenile Delinquency And Crime In Austria, Jur. Ilse Lukas
Prevention Of Juvenile Delinquency And Crime In Austria, Jur. Ilse Lukas
Journal of Criminal Law and Criminology
No abstract provided.
Progress Of Criminal Justice In Chicago, Cornelius J. Harrington
Progress Of Criminal Justice In Chicago, Cornelius J. Harrington
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Types In Shakespeare, August Goll
Criminal Types In Shakespeare, August Goll
Journal of Criminal Law and Criminology
No abstract provided.
Police Control Of The Automobile Driver
Police Control Of The Automobile Driver
Journal of Criminal Law and Criminology
No abstract provided.
History Of Lie Detection, Paul V. Trovillo
History Of Lie Detection, Paul V. Trovillo
Journal of Criminal Law and Criminology
No abstract provided.
Some Differences In Attitudes Between Groups Of Repeating Criminals And Of First Offenders, Ruth Sherman Tolman
Some Differences In Attitudes Between Groups Of Repeating Criminals And Of First Offenders, Ruth Sherman Tolman
Journal of Criminal Law and Criminology
No abstract provided.
Vignettes In The Criminal Court: Heard And Seen In The Criminal Court, Charles C. Arado
Vignettes In The Criminal Court: Heard And Seen In The Criminal Court, Charles C. Arado
Journal of Criminal Law and Criminology
No abstract provided.
California Plan For Peace Officers' Training, George H. Brereton
California Plan For Peace Officers' Training, George H. Brereton
Journal of Criminal Law and Criminology
No abstract provided.
Crime Does Pay, Max Huhner
Crime Does Pay, Max Huhner
Journal of Criminal Law and Criminology
No abstract provided.
New Theory Of The Perpetrator And The Duties Of The Psychiatrical Expert, W. Eliasberg
New Theory Of The Perpetrator And The Duties Of The Psychiatrical Expert, W. Eliasberg
Journal of Criminal Law and Criminology
No abstract provided.
Can Rural And Urban Delinquency Be Compared, Paul Wiers
Can Rural And Urban Delinquency Be Compared, Paul Wiers
Journal of Criminal Law and Criminology
No abstract provided.