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Decency At The Bar Dec 1931

Decency At The Bar

Michigan Law Review

One day, during the trial of the notorious Al Capone in the Federal Building in Chicago, immediately after an adjournment, officers stepped up to a man by the name of D'Andrea in the corridor outside the court room and removed from his person a business-like looking gun. The gentleman so unburdened is said to have been Mr. Capone's bodyguard, his attendant inside and outside the court room. After that, Mr. Capone had to get along without that particular guardian, for Judge Wilkerson, before whom the trial was conducted, ordered the henchman confined in jail. After the main case had been …


Crimes-Influence From The Defendants Failure To Testify Apr 1931

Crimes-Influence From The Defendants Failure To Testify

Michigan Law Review

The testimony given on a trial for murder indicated that the defendant had shot and killed one of his pursuers while fleeing the scene of a robbery in which he had taken a principal part. The trial court instructed the jury that the defendant, while not compellable, was competent to be a witness in his own behalf; and that although his failure to take the stand raised no presumption of his guilt, if facts were testified to which were accusations against the defendant which he could by his oath deny, and he failed to take the stand in his own …


Crimes-Right Of Jury To Recommend Mercy Apr 1931

Crimes-Right Of Jury To Recommend Mercy

Michigan Law Review

In a trial for murder, under a statute which provided that if the jury found the accused guilty of murder they might recommend him or her to the mercy of the court, thus reducing the punishment from death to life imprisonment, the court instructed the jury, ''You cannot of your own free will recommend or not recommend [mercy] because you are opposed to capital punishment." Exception was taken on the grounds that this circumscribed the statutory privilege of the jury to recommend mercy. Held, the instruction was erroneous and constituted grounds for new trial. State v. Blakely (S. C. …


The New Michigan Court Rules, Edson R. Sunderland Mar 1931

The New Michigan Court Rules, Edson R. Sunderland

Michigan Law Review

There are two features of general interest connected with the revised system of practice which went into operation in Michigan on January 1, 1931. The first is the manner of employing the rule-making power, and the second is the content of the new rules.


Cases On Pleadings And Procedure, Mason Ladd Feb 1931

Cases On Pleadings And Procedure, Mason Ladd

Michigan Law Review

A review of CASES ON PLEADINGS AND PROCEDURE By Charles E. Clark.