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Full-Text Articles in Criminal Law
Criminal Jurisdiction And The Territorial Principle, Wendell Berge
Criminal Jurisdiction And The Territorial Principle, Wendell Berge
Michigan Law Review
The authority of legislatures and courts in criminal matters is supposed to be circumscribed by the territorial boundaries of the state. That as a general proposition the criminal law of a state has no extraterritorial operation, few lawyers would question. But an uncritical acceptance of the proposition is not warranted. Merely to assert that the authority of a state over crime ends at its territorial boundaries is of no help in settling jurisdictional questions in complicated crime situations in which the constituent acts of the crime occur in different states. Modern criminals have little concern for political boundaries except as …
Crimes - Venue- Non-Support, Abandonment, And Desertion
Crimes - Venue- Non-Support, Abandonment, And Desertion
Michigan Law Review
Defendant was divorced by his wife in A county in 1926. In 1929, defendant was indicted for non-support of his children, in B county, where his former wife and the children had maintained their home since the divorce. An objection to the venue was raised by the defense, on the ground that, if a crime was committed, it was consummated in A county, where defendant had been living during the time he was charged with non-support. Held, that "the venue of non-support is where that support should be rendered." State v. Anderson (Or. 1930) 290 Pac. 1904
Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act
Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act
Michigan Law Review
Defendants transported liquor by a single, uninterrupted act from A county to B county in the same state. Having been convicted and fined in B county for the transportation within its boundaries, they were later indicted in A county for that part of the transportation which took place in that territory. A plea of former jeopardy was sustained by the trial judge, and on appeal this holding was affirmed by a divided court, which held, the act constituted a single offense, punishable in either county, but not in both. State v. Shimman et al. (Ohio, 1930) 172 N.E. 367.