Law Commons^™

Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft

Michigan Law Review

Defendant was convicted of the crime of negligent homicide and appealed, alleging that the Louisiana statute, making violation of a statute or ordinance presumptive evidence of criminal negligence, was repugnant to the due process clauses of the state and federal constitutions. Held, affirmed. The effect of the statute is merely to shift the burden of introducing evidence of one element of the crime charged: that of criminal negligence. The presumption does not operate as a prima facie presumption of guilt of the crime -and the state must still prove every element of the offense. State v. Nix, (La. …

Recent Decisions

Fordham Law Review

No abstract provided.

The Attempt As A Responsive Verdict, George D. Ernest Jr.

Louisiana Law Review

No abstract provided.

Criminal Law--The Doctrine Of Transferred Intent In Homicide, E. Durward Weldon

Kentucky Law Journal

No abstract provided.

Criminal Law--Presumption Of Malice From Proof Of The Homicide, Frank Selby Hurst

Kentucky Law Journal

No abstract provided.

Recent Decisions

Fordham Law Review

No abstract provided.

Recent Decisions

Fordham Law Review

No abstract provided.

Character Of Deceased And Uncommunicated Threats By Deceased In Homicide Cases, Henry Howe Bramblet

Kentucky Law Journal

No abstract provided.

Criminal Negligence - Involuntary Homicide Statutes - Louisiana Criminal Code, J. J. C.

Louisiana Law Review

No abstract provided.

Criminal Law And Procedure-Jury Trial- Directed Verdict Of Guilty- Michigan Rule, Michigan Law Review

Michigan Law Review

The defendant was convicted of negligent homicide as the result of a collision between his car and another, in which an occupant of the other car was killed. The trial court charged the jury, inter alia, "The court submits the case to you for your determination. The view of the court is that under the law there is only one verdict that can be found by the jury under the evidence in this case in its most favorable light." This was objected to by the defendant as error. Held, the instruction was in effect a direction of a verdict …

Homicide--Is Knowledge Of Danger Necessary In Murder By A Dangerous Act?, J. Wirt Turner Jr.

Kentucky Law Journal

No abstract provided.

Criminal Procedure - Homicide - Evidence Of Dangerous Character And Prior Threats, H. W.

Louisiana Law Review

No abstract provided.

Homicide--Aiding And Abetting--Moral Duty To Act, J. Wirt Turner Jr.

Kentucky Law Journal

No abstract provided.

Homicide--Burden Of Proof When Defense Is Insanity, James D. Allen

Kentucky Law Journal

No abstract provided.

The Development Of Negligence As A Basis For Liability In Criminal Homicide Cases, John L. Davis

Kentucky Law Journal

No abstract provided.

Homicide In Resisting Arrest, A. W. G. Kean

Kentucky Law Journal

No abstract provided.

Homicide--Responsibility For Failure To Perform Affirmative Acts, Julius Cohen

West Virginia Law Review

No abstract provided.

Crimes--Homicide In Defense Of Property, Eleanor Dawson

Kentucky Law Journal

No abstract provided.

Crime--Statutory Degrees Of Homicide In Kentucky, Harry I. Stegmaier

Kentucky Law Journal

No abstract provided.

Criminal Law And Procedure - Indictments - Resubmission To Grand Jury

Michigan Law Review

The defendant was charged with criminal homicide but the grand jury refused to find a true bill. Two more bills were sent to the grand jury, identical in terms with the first. The third was returned a true bill. Defendant claimed error in overruling his motion to quash the indictment. Held, the motion to quash the indictment should have been granted as the subsequent bills were improper. State v. Ledford, (N. C. 1932) 166 S. E. 917.

Homicide In Defense Of Property, C. F. Pace

Kentucky Law Journal

No abstract provided.

Criminal Law--Homicide--Defendant's Guilt Where Death Is Caused By Non-Attention To Wound Inflicted By Defendant, James C. Lyne

Kentucky Law Journal

No abstract provided.

Crimes--Homicide In Defense Of Personal Property, William Hume

Kentucky Law Journal

No abstract provided.

Cases On Criminal Law, Jerome C. Knowlton, John W. Dwyer

Books

This book of cases is prepared with the idea of assisting the student in his study of the substantive law of crimes. It is thought, however that the topical arrangement made, with an illustrative case under each topic may occasionally give the practitioner a leader over some troublesome path of investigation.

Coyle V. The Commonwealth, Henry W. Rogers

Articles

"Homicidal mania must be proved, not assumed, nor confounded with reckless frenzy; To instruct, however, that it must be proved by 'clearly preponderating evidence' is error. All the authorities require is that the evidence proving it should 'fairly' preponderate.

"An attempt at suicide is not of itself evidence of insanity, and raises no legal presumption thereof....

"It was clearly proved that Coyle killed Emily Myers. That fact is admitted. The only defence set up is that he was insane at the time."