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Revitalization Of The International Judicial Assistance Procedures Of The United States: Service Of Documents And Takings Of Testimony, Richard F. Gerber Jun 1964

Revitalization Of The International Judicial Assistance Procedures Of The United States: Service Of Documents And Takings Of Testimony, Richard F. Gerber

Michigan Law Review

This comment will examine two aspects of such judicial assistance-service. of documents and taking of testimony-and it will analyze each from the viewpoint of assistance obtained abroad in aid of American litigation as well as assistance rendered within the United States in aid of foreign litigation. It will attempt to survey some of the problems involved in securing performance of these acts, indicate the changes in current practice which are likely to result from the revisions of the Federal Rules of Civil Procedure and the proposed amendments to the Judicial Code, and, last, suggest some additional measures which might promote …


Evidence-Admissibility And Weight Of Photographs, James W. Collier May 1964

Evidence-Admissibility And Weight Of Photographs, James W. Collier

Michigan Law Review

In a prosecution for fellatio, the people's only witness was a woman who testified that she had participated in the alleged activity with the defendant. Her testimony also verified for introduction a motion picture purporting to show the alleged violations. Defendant was convicted on the basis of this evidence. On appeal, held, reversed. A conviction cannot be sustained on the basis of an accomplice's uncorroborated testimony; and the film, although properly admitted, could not supply the necessary corroboration, since a determination of its accuracy must rely upon the accomplice's foundation testimony. People v. Bowley, 59 Cal. 2d …


Criminal Law-Reiterated Contempt Of Court, Robert C. Bonges Apr 1964

Criminal Law-Reiterated Contempt Of Court, Robert C. Bonges

Michigan Law Review

The defendant was found guilty of criminal contempt of court in a civil proceeding for giving "don't remember" answers, after having been granted immunity from prosecution, to questions concerning his activities, asked during a grand jury investigation of an attempted homicide. For his refusal to testify, the defendant was given the maximum penalty provided for criminal contempt under the applicable statute. After paying the fine and serving the sentence, the defendant was brought before the same grand jury thirty-five days later and was asked the same questions. The defendant repeated the "don't remember" answers and was again fined and incarcerated. …