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Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr. Apr 1949

Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr.

Michigan Law Review

Defendant was indicted for murder by a grand jury. The trial court denied a motion by defendant requesting that the district attorney be ordered to furnish him with a transcript of the evidence offered before the grand jury. On appeal, held, affirmed. It was within the discretion of the trial court to grant or refuse the motion. Commonwealth v. Galvin, (Mass. 1948) 80 N.E. (2d) 825.


Evidence--Criminal Law--Cross-Examination Of Accused's Character Witness Concerning Accused's Prior Arrest, C. C. Grunewald S. Ed. Apr 1949

Evidence--Criminal Law--Cross-Examination Of Accused's Character Witness Concerning Accused's Prior Arrest, C. C. Grunewald S. Ed.

Michigan Law Review

On trial in a district court for bribing a federal revenue agent, defendant called five witnesses to testify to his good reputation. During cross-examination by the district attorney, the character witnesses were asked: ''Did you ever hear that on October 11, 1920, the defendant was arrested for receiving stolen goods?" The trial judge overruled the objection to the question, and the witnesses answered in the negative. The prosecutor exhibited a paper record of this arrest to the court. The judge instructed the jury that the question was to test the standard of the character evidence only, not to establish the …


Criminal Law-Evidence-Silence To Accusation While Under Arrest As Admission Of Guilt, Colvin A. Peterson, Jr. Mar 1949

Criminal Law-Evidence-Silence To Accusation While Under Arrest As Admission Of Guilt, Colvin A. Peterson, Jr.

Michigan Law Review

Defendant was convicted of murder. Before the victim died, defendant, handcuffed and in custody of police, had been taken to the hospital room where the victim lay. Eight witnesses were present at the time, and each testified that the victim pointed out the defendant as her assailant. At the trial the witnesses were permitted to testify that when accused of the crime, defendant stood by silently, saying and doing nothing, although it also appeared that he had been told by the police chief to ''keep your mouth shut." The prosecution capitalized upon defendant's silence as an admission of guilt. On …


Criminal Law-Requisite Mental Element In Criminal Assault, Charles Hansen Feb 1949

Criminal Law-Requisite Mental Element In Criminal Assault, Charles Hansen

Michigan Law Review

Defendant was driving his car after dark at a speed greatly in excess of that prescribed by a local ordinance. While proceeding in this fashion, the car overtook and struck a bicycle, severely injuring a passenger thereon. From a conviction of criminal assault of the passenger, defendant appealed. Held, affirmed. The necessary intent to injure a specific passenger of a vehicle may be inferred from the recklessness evidenced by driving at night at a speed greatly exceeding the statutory limit. Wellons v. State, (Ga. App. 1948) 48 S.E. (2d) 925.


Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée Feb 1949

Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée

Michigan Law Review

Defendant X owned a non-registered automobile which was parked on a public way by defendant Y, an agent of X. The keys were left in the car in violation of a statute. Later in the same day the car was stolen. Plaintiff, a pedestrian, was injured by the thief's negligent operation of the car. In an action to recover for the injury, a verdict was directed for defendants. On appeal, held, affirmed. As a matter of law, defendant's action in allowing a non-registered automobile containing its keys to remain on a public way was not the proximate …


Criminal Law-Withdrawal Of A Plea Of Guilty, Andrew W. Lockton, Iii S.Ed. Feb 1949

Criminal Law-Withdrawal Of A Plea Of Guilty, Andrew W. Lockton, Iii S.Ed.

Michigan Law Review

Defendant pleaded guilty to a charge of statutory rape. After questioning him the court accepted his plea, and sentence was deferred pending an investigation by the probation and psychopathic departments. Before being sentenced, defendant requested that his plea be changed but did not deny that he was guilty. The court refused his request and sentenced him. Held, defendant should have been allowed to withdraw his plea of guilty. People v. Anderson, 321 Mich. 533, 33 N.W. (2d) 72 (1948).