Law Commons^™

In Re Bandmann, Jesse W. Carter

Jesse Carter Opinions

An inmate's application for a writ of habeas corpus based upon an improper sentence being imposed was denied and the matter was remanded to the trial court for reconsideration of the sentence.

In Re Osslo [Dissent], Jesse W. Carter

Jesse Carter Opinions

Two probationers could reject probation that they did not assent to at trial after the final appeal was decided because they never manifested acceptance of the terms of the probation, especially a prohibition from holding union offices.

Criminal Law--Deceptive Advertising--Printer's Ink Model Statute, J. O. F.

West Virginia Law Review

No abstract provided.

Criminal Law--Due Process--Coerced Confession In State Court, J. F. W. Jr.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, A. G. H.

West Virginia Law Review

No abstract provided.

Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.

Michigan Law Review

Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …

Corporations - Derivative Suits - Stockholder Demand As Condition Precedent, W. Stanley Walch S.Ed.

Michigan Law Review

A derivative suit alleging directors' fraud was brought by a minority shareholder, but there was no allegation of a demand for relief having been made on the corporation's stockholders prior to bringing the suit. The plaintiff did allege, however, that it was useless and impossible for him to make demand on the stockholders because the complaint charged directors' fraud which was a void act beyond the power of the stockholders to ratify, and secondly because it would be highly unreasonable to require plaintiff to make a demand for relief on more than 100,000 stockholders of the corporation. Delaware Chancery Rule …

Tupper V. Superior Court Of Marin County [Dissent], Jesse W. Carter

Jesse Carter Opinions

Where an accused's commitment was not based entirely on incompetent evidence, a writ of prohibition did not lie to review of the ruling of the magistrate on a procedural matter.

Constitutional Law - State Action - Imposing Criminal Penalties To Enforce Private Discrimination, Melvyn I. Mozinski S.Ed.

Michigan Law Review

Defendants, Negroes, entered a section of a private restaurant designated to be for "White" patrons only. Although they were denied service, they refused to comply with the proprietor's request to leave. Defendants were subsequently arrested by a police officer after declining his offer not to arrest if they would depart, and were tried for violation of the state's criminal trespass statutes. They were found guilty of a misdemeanor. On appeal, held, sustained. Defendants have no constitutionally protected right not to be discriminated against by an operator of a private enterprise. State v. Clyburn, 247 N.C. 455, 101 S.E. …

In Re Petersen [Dissent], Jesse W. Carter

Jesse Carter Opinions

Ordinances allowing a police chief to designate exclusive taxicab stands and prohibiting competing companies from standing therein, was a valid exercise of a municipality's police power and was not invalidly discriminatory.

Criminal Law—Public Intoxication—"Public Place", Buffalo Law Review

Buffalo Law Review

People v. Hook, 3 N.Y.2d 485, 168 N.Y.S.2d 958 (1957).

Criminal Law—Unlawful Advertising, Buffalo Law Review

Buffalo Law Review

People v. Minjac Corp., 4 N.Y.2d 320, 175 N.Y.S.2d 16 (1958).

Criminal Law—Statutory Construction—"Knowingly Authorize Or Permit Operation Of Auto By Unlicensed Driver", Buffalo Law Review

Buffalo Law Review

People v. Shapiro, 4 N.Y.2d 597, 176 N.Y.S.2d 632 (1958).

Criminal Law—Form Of Remedy From Illegal Sentence; Use Of Indeterminate Term, Buffalo Law Review

Buffalo Law Review

People v. Silberglitt, 4 N.Y.2d 59, 172 N.Y.S.2d 145 (1958).

Criminal Law—Effect Of Omission Of Essential Element Of Burglary First Degree From Long Form Indictment—Per Curiam, Buffalo Law Review

Buffalo Law Review

People v. Oliver, 3 N.Y.S.2d 684, 171 N.Y.S.2d 811 (1958).

Criminal Law—Violation Of Advertising Regulation—Sufficiency Of Proof, Buffalo Law Review

Buffalo Law Review

People v. 25 Stations, Inc., 3 N.Y.2d 488, 168 N.Y.S.2d 962 (1957).

Criminal Law—Absence Of Exit Speed Signs Not Fatal To Conviction For Speeding Where Reasonable Notice Of Speed Limit Given—Per Curiam, Buffalo Law Review

Buffalo Law Review

People v. Lathrop, 3 N.Y.2d 551, 170 N.Y.S.2d 326 (1958).

Criminal Law And Procedure -- 1958 Tennessee Survey, Charles H. Miller

Vanderbilt Law Review

In surveying the field of criminal law and procedure the cases presented to the supreme court during the year were little more than normal or typical. Several of the criminal cases are not presented in detail in this article, as they are dealt with in other survey sections.

Variable Verbalistics -- The Measure Of Persuasion In Tennessee, Kenneth L. Roberts, William M. Sinrich

Vanderbilt Law Review

In a trial one party always has the affirmative burden of persuading the finder of fact to adopt his allegations as true. This burden is met by inducing a particular degree of belief in the mind of the fact finder.'Manifestly, absolute truth is not attainable in a lawsuit. Rather certain facts are found to exist from all the evidence presented and these findings labeled true for the purposes of the case. Since different factual situations require different measures of persuasion, it is necessary that the fact finder, whether judge or jury, know and understand the particular measure applicable in order …

Gomez V. Superior Court Of Mendocino County, Jesse W. Carter

Jesse Carter Opinions

Where petitioners were charged with grand theft, but the jury found them guilty only of petty theft, which judgment was reversed on appeal, they could not later be retried for grand theft, because double jeopardy protections attached.

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

Jesse Carter Opinions

The comments of the judge were in keeping with the Constitution and the established limitations on his power, and there was no sound basis for concluding that the question of penalty was not fairly tried.

Book Reviews, Ronan E. Degnan (Reviewer), James J. Lenoir (Reviewer), David H. Vernon (Reviewer), David W. Louisell (Reviewer), David Maxwell (Reviewer)

Vanderbilt Law Review

Book Reviews:

Cases and Materials on Evidence, Fourth Edition. By Morgan, Maguide & Weinstein Brooklyn: Foundation Press, 1957. Pp. xxiv,880. $11.00

reviewers: Ronan E. Degnan and David W. Louisell

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Estate Planning and Taxation Two volumes. By William J. Bowe Buffalo: Dennis & Company, Inc., 1957. Vol. I, pp. lvi, 590; Vol. II,pp. viii, 614.

reviewer: James J. Lenoir

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The Sanctity of Life and the Criminal Law By Glanville Williams. New York: Alfred A. Knopf, 1957. Pp. xi, 350. $5.00.

reviewer: David H. Vernon

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Current Legal Problems Edited by G. W. Keeton & G. Schwarzenberger London: Stevens & …

Criminal Law--Confinement In The Penitentiary Without Indictment--Escape From Illegal Custody, I. A. P. Jr.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Automobiles--Owner's Liability Statutes--Application to the Master-Servant Relationship

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Bankruptcy--Discharge--Failure of Creditor to Inform Bankruptcy Court of Bankrupt's Fraud in Procuring Loan

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Bills and Notes--Demand Instruments--Time When Statute of Limitations Begins to Run

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Bills and Notes--Holder in Due Course--Giving a Check in Exchange for Another Negotiable Instrument is not the Giving of Value When the Check Turns Out to be Worthless

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Constitutional Law--Due Process of Law--Use of Perjured Testimony and Suppression of Material Evidence Favorable to Accused in State Criminal Proceedings

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Constitutional Law--Equal Protection of the Laws--Executory Interest Conditioned upon Racial Restriction on Use of Land

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Snee & Pye: Status Of Forces Agreement: Criminal Jurisdiction, B. J. George Jr.

Michigan Law Review

A Review of Status of Forces Agreement: Criminal Jurisdiction: Criminal Jurisdiction. By Joseph M. Snee, S.J. and Kenneth A. Pye

Criminal Law - Felony - Murder-Guilt Of Robber For The Justifiable Killing Of His Accomplice By A Policeman, Nick E. Yocca S.Ed.

Michigan Law Review

The defendant was convicted of murder in the first degree for the death of his co-felon resulting from a wound inflicted by a policeman while the felons were fleeing the scene of a robbery. On appeal to the Supreme Court of Pennsylvania, held, reversed, one judge dissenting. For conviction in felony-murder, the killing must be done by the defendant or by one acting in furtherance of the felonious undertaking. One cannot be convicted for the consequences of lawful conduct of another person. Commonwealth v. Redline, 391 Pa. 486, 137 A. (2d) 472 (1958).

Descent And Distribution - Joint Ownership - Imposition Of Constructive Trust On Murderer Of Co-Tenant, John B. Schwemm S.Ed.

Michigan Law Review

A husband, owning land with his wife as tenants by the entireties, killed her and immediately thereafter committed suicide. In an action to determine ownership of the realty, both the probate and appellate courts declared that since a relevant disinheritance statute was inapplicable, full title vested in the husband and, upon his death, descended to his heirs. On appeal, held, reversed. Despite the common law nature of such tenancies, equity will impose on the husband a constructive trust in one-half the property for the benefit of the victim's estate. National City Bank of Evansville v. Bledsoe, (Ind. 1957) …

Bills And Notes - Indorsements - Liability Of Drawee Bank On Forged Indorsement, John P. Williams S.Ed.

Michigan Law Review

H applied to the plaintiff credit corporation for a loan to finance a new auto dealership. In exchange for a note and contract purportedly signed by H and his wife W, plaintiff issued a check payable to H and W. The check, after being indorsed, was paid by defendant, the drawee bank. The proceeds of the loan were used as planned, but the business subsequently failed at which time it was discovered that H had forged W's signature on the note, the contract and the check. Plaintiff sued to compel restoration of the amount of the check …

Criminal Law--Double Jeopardy--Waiver Theory Disapproved, J. E. J.

West Virginia Law Review

No abstract provided.

The Sanctity Of Life And The Criminal Law. By Glanville Williams., Dennis H. Wrong

Buffalo Law Review

No abstract provided.