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Crimes-Alibi-Instructions As To Particular Evidence Mar 1929

Crimes-Alibi-Instructions As To Particular Evidence

Michigan Law Review

In a prosecution for robbery the defendants introduced evidence as to an alibi and requested a charge which contained the proposition that the evidence on this point had merely to raise a reasonable doubt as to their presence at the scene of the crime to entitle them to an acquittal. The court refused this request, but had previously instructed the jury that the burden rested with the state to prove the guilt of the. defendants beyond a reasonable doubt. Held, that it was reversible error to refuse the charge requested. People v. Vasquez (Cal. App. r928) 26g Pac. 549.


Restraints On Alienation-Restrictive Covenants-Racial Discrimination Jun 1926

Restraints On Alienation-Restrictive Covenants-Racial Discrimination

Michigan Law Review

Three cases decided in 1925 in three widely separated parts of the United States, namely, California, Michigan, and the District of Columbia, raise the question: How far may one give legal effect to his racial prejudices through the medium of covenants and conditions inserted in wills and inter vivos conveyances? An attempt was made in each of these cases to restrict the use or sale of the property involved to white persons or to deny it to colored persons. Two of the cases upheld the restriction; one declared it invalid.


Wills-Admissibility Of Statements Of Testator In Proceedings Contesting A Will May 1926

Wills-Admissibility Of Statements Of Testator In Proceedings Contesting A Will

Michigan Law Review

There are, perhaps, very few matters upon which ordinary men are more reticent than the testimentary disposition of their property. The testator, having made his will, often practices the utmost secrecy regarding it, evading questions and, sometimes, even violating the truth in order to preserve peace among his kinsmen until he is gone. And yet, when proceedings are brought for the purpose of contesting the will, we often find the courts admitting in evidence statements made by the testator before or after the making of the will. In a recent California case, in response to the objection that the alleged …


Witnesses--When Interpreters May Be Used Nov 1925

Witnesses--When Interpreters May Be Used

Michigan Law Review

A novel situation in regard to the use of interpreters was presented in People v. Walker (Cal. App. 1924) 231 Pac. 572. The prosecution called a witness who was brought in in a crippled and weak condition. He was asked questions, but "the witness could give forth no sound, not even a whisper, by means of the organs of Speech." While the record was not clear whether there was any movement of his lips whatever, at least there was none which conveyed to any person but his wife the impression that he attempted to put forth articulate speech in response …