Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Evidence
Evidence-Examination Of Witnesses-Use Of Pardoned Conviction To Attack Credibility Of Accused As Witness, Bernard A. Petrie S.Ed.
Evidence-Examination Of Witnesses-Use Of Pardoned Conviction To Attack Credibility Of Accused As Witness, Bernard A. Petrie S.Ed.
Michigan Law Review
To attack the credibility of defendant charged with larceny of an automobile, the prosecution cross-examined him as to a prior conviction based upon unauthorized use of an automobile. Defendant had received a full pardon pursuant to a Presidential proclamation of general amnesty for federal offenders with one year or more of honorable World War II service. On appeal after conviction, held, affirmed, one judge dissenting. A full pardon does not deprive the state of the right to use a prior conviction in attacking the credibility of the accused as witness. Richards v. United States, (D.C. Cir. 1951) 192 …
Criminal Law-Search And Seizure-Admissibiliy In State Court Of Evidence Illegally Seized By Federal Authorities, Andrew W. Lockton, Ill
Criminal Law-Search And Seizure-Admissibiliy In State Court Of Evidence Illegally Seized By Federal Authorities, Andrew W. Lockton, Ill
Michigan Law Review
Two federal narcotic officers accompanied by two state officers went into the defendant's residence, under the authority of a search warrant which authorized search only for marihuana. The search was fruitless. Observing an automobile in front, the two federal officers said something to the defendant, to which he replied, "why sure-look it over; you won't find anything in there." The federal officers were already searching the automobile when the state officers approaching the automobile saw a bottle of whiskey on the floor-board of the car. So far as can be gathered from the opinion, the state officers did not participate …
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Michigan Law Review
The recent efforts on the part of state legislatures to increase the effectiveness of their criminal codes has resulted in extending the use of the statutory presumption to new fields of criminal law. The reaction which necessarily follows such an innovation upon traditional practice has appeared in the form of renewed attacks upon the constitutionality of the device, accompanied by the usual expressions of alarm concerning the "threat to liberty" that lurks in the use of this "mechanistic" instrument of "arbitrary oppression."