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Criminal Law - Statutory Interpretation - Possession Of Gambling Devices As Misdemeanor, Richard B. Gushée Dec 1948

Criminal Law - Statutory Interpretation - Possession Of Gambling Devices As Misdemeanor, Richard B. Gushée

Michigan Law Review

In raiding a warehouse, a sheriff found forty-six dust-covered slot machines with payoff slots covered and containing no payoff mechanisms. There was no evidence that the machines had ever been used. Appellant had rented the warehouse for the purpose of storing the machines. His testimony showed that he owned the machines and was a dealer engaged in buying and selling them. He was indicted under a statute reading: "Any person who, by himself or with another, shall keep, maintain, employ, or carry on any lottery or other scheme or device for the hazarding of any money or valuable thing shall …


Constitutional Law-Procedural Due Process In Criminal Cases-Adequacy Of Remedies In State Courts To Raise The Questions, David H. Armstrong S.Ed. Nov 1948

Constitutional Law-Procedural Due Process In Criminal Cases-Adequacy Of Remedies In State Courts To Raise The Questions, David H. Armstrong S.Ed.

Michigan Law Review

This comment will not attempt to consider the guarantees of a fair trial, but will deal with the remedies available to a person confined in a state prison in his attempt to secure relief on the ground of an asserted violation of such guarantees in the conduct of his trial.


Parties-Postmaster General As Indispensable Party To Injunction Against Local Postmaster, Ralph J. Isackson Apr 1948

Parties-Postmaster General As Indispensable Party To Injunction Against Local Postmaster, Ralph J. Isackson

Michigan Law Review

The Postmaster General, after a hearing in Washington, D.C., found petitioners' business fraudulent, and issued a fraud order directing respondent, the local postmaster, to stamp "fraudulent" on all mail addressed to petitioners and return it to the senders. The petitioners sued, without joining the Postmaster General, to enjoin respondent from carrying out the order. The federal district court dismissed the complaint, and the circuit court affirmed. On certiorari, held, reversed. The Postmaster General is not an indispensable party if the decree restraining the local postmaster will give the relief desired without requiring any action on the part of the …


Carr: Federal Protection Of Civil Rights: Quest For A Sword, Michigan Law Review Mar 1948

Carr: Federal Protection Of Civil Rights: Quest For A Sword, Michigan Law Review

Michigan Law Review

A Review of FEDERAL PROTECTION OF CIVIL RIGHTS: QUEST FOR A SWORD. By Robert K. Carr.


Criminal Law-Failure Of Accused To Testify--Extent Of Judge's Instruction In Federal Courts, Carson C. Grunewald Mar 1948

Criminal Law-Failure Of Accused To Testify--Extent Of Judge's Instruction In Federal Courts, Carson C. Grunewald

Michigan Law Review

In a prosecution against defendant for violation of the White Slave Traffic Act, the trial judge instructed the jury that defendant's failure to testify should not be considered by them in determining his guilt or innocence. On appeal from conviction, held, there was no error in this instruction. United States v. Fleenor, (C.C.A. 7th, 1947) 162 F. (2d) 935.


Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft Feb 1948

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. …