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Full-Text Articles in Law
Criminal Law - Abortion Statute - Due Process, Joseph C. Visalli
Criminal Law - Abortion Statute - Due Process, Joseph C. Visalli
Duquesne Law Review
The Supreme Court of California has held that a statute prohibiting abortions not "necessary to preserve" the mother's life is so vague and uncertain as to be violative of the Fourteenth Amendment's Due Process Clause.
People v. Belous, 80 Cal. Rptr. 354, 458 P.2d 194 (1969).
Criminal Law - Murder - Felony Murder Rule, J. Alan Johnson
Criminal Law - Murder - Felony Murder Rule, J. Alan Johnson
Duquesne Law Review
No abstract provided.
Criminal Law - The Presumption Of Sanity - Burden Of Proving Sanity Or Insanity, Ronald C. Mokowski
Criminal Law - The Presumption Of Sanity - Burden Of Proving Sanity Or Insanity, Ronald C. Mokowski
Duquesne Law Review
The Pennsylvania Supreme Court has held that insanity is a defense to murder, but was unable to come to any agreement as to the effect of the presumption of sanity, and the burden of proving sanity or insanity.
Commonwealth v. Vogel, 440 Pa. 1, 268 A.2d 89 (1970).
The defendant, Dennis Vogel, shot and killed two persons while carrying out an armed robbery. At his trial, he pleaded not guilty by reason of insanity. The defense presented four eminent psychiatrists to establish Vogel's legal insanity in accordance with the M'Naghten rule. The commonwealth offered no testimony to rebutt or …
Criminal Law - Homicide - Self-Defense - The Duty To Retreat, J. Kerry Lewis
Criminal Law - Homicide - Self-Defense - The Duty To Retreat, J. Kerry Lewis
Duquesne Law Review
The Pennsylvania Supreme Court extended the no-retreat dwelling house exception to the self-defense rule by holding that a person in his place of business may lawfully resist an intruder with the use of deadly force even though a way of escape is available.
Commonwealth v. Johnston, 438 Pa. 485, 263 A.2d 376 (1970).
Commonwealth v. Johnston' is an innovative decision which limits the duty to retreat in cases of self-defense. The facts of the case are simple. The defendant Johnston shot and killed a man named Pittman while Pittman was on defendant's business premises as a social guest.
A Study Of The Assignment Of Judges To Criminal Cases In Allegheny County - The Poor Fare Worse, R. Stanton Wettick Jr.
A Study Of The Assignment Of Judges To Criminal Cases In Allegheny County - The Poor Fare Worse, R. Stanton Wettick Jr.
Duquesne Law Review
No abstract provided.