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Crimes-Withdrawal Of A Plea Of Guilty
Crimes-Withdrawal Of A Plea Of Guilty
Michigan Law Review
Defendant was charged with the violation of the prohibition law, to which he pleaded guilty. About two months after this plea was in, he filed a motion to withdraw it, and substituted one of not guilty. In support of this motion he set up that he had not been advised of his constitutional rights to have counsel; that the arresting officers told him the case would be heard in a federal court, and his punishment would be light; and that he was unaware of the liquor being in his car (which claim was subsequently disproved by the evidence). The motion …
Appeal And Error-Judicial Distrust Of The Jury
Appeal And Error-Judicial Distrust Of The Jury
Michigan Law Review
A statute prescribed ten years in the state penitentiary as the minimum punishment for perjury committed on the trial of an indictment for a felony. In a prosecution for this offense, the trial court erroneously charged the jury that five years was the minimum punishment, to which the defendant excepted. Held, when defendant excepts to such instruction, it is reversible error for which a new trial will be granted. Roley v. State (Okla. Crim. App. 1930) 290 Pac. 195.
Negligence-"Last Clear Chance" Doctrine
Negligence-"Last Clear Chance" Doctrine
Michigan Law Review
ln an action for damages by a negligent driver oi a motorcycle against a negligent driver of an automobile for injuries sustained in a collision between them, the instructions to the jury were that the plaintiff could recover, "if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the plaintiff's negligence." Held, the instructions are erroneous in omitting the essential element of the last clear chance doctrine, that the plaintiff's peril must have been known to the defendant in time to have avoided the accident. Graybill v. Clancy …