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Articles 1 - 7 of 7
Full-Text Articles in Law
Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.
Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.
Michigan Law Review
Petitioner was convicted of murder in a Georgia court and sentenced to die by electrocution. He made application to the governor to postpone execution on the ground that he had become insane after conviction. The governor, acting under authority of a state statute, appointed three physicians who conducted an examination of petitioner and found him sane. Thereupon, petitioner filed a petition for a writ of habeas corpus in a state court contending that the due process clause of the Fourteenth Amendment entitled him to a hearing on his insanity claim before a judicial or administrative tribunal at which he could …
Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs
Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs
Michigan Law Review
Defendant, a physician, was accused of the murder of his cancer-ridden patient by the injection of 40 c.c. of air into a vein of the patient's arm shortly before her death. The defendant had noted on the patient's medical chart the fact of the injection and that of her death, apparently a few minutes later. He subsequently dictated the same facts to his nurse, and later made similar admissions to local enforcement authorities and others making such statements on the day of his arrest and immediately thereafter. At the trial, a pathologist, called as an expert witness on behalf of …
Cbiminal Law--Humanitarian Motive As A Defense To Homicide--State V. Sander, (N.H. 1950)., Theodore Sachs
Cbiminal Law--Humanitarian Motive As A Defense To Homicide--State V. Sander, (N.H. 1950)., Theodore Sachs
Michigan Law Review
It has been uniformly accepted in Anglo-American jurisprudence that motive is neither an element of a crime, nor a defense to its existence.
Criminal Law-Confessions Obtained Prior To Commitment-What Constitutes Unreasonable Delay, B. J. George, Jr.
Criminal Law-Confessions Obtained Prior To Commitment-What Constitutes Unreasonable Delay, B. J. George, Jr.
Michigan Law Review
Defendants were arrested on suspicion of murder and questioned by police. Defendants confessed after being held incommunicado for some hours during the night, but were not arraigned until the following morning. The confessions were admitted in evidence and defendants found guilty. On appeal, held, affirmed. There had not been an unreasonable delay in producing defendants before a commissioner, because the length of time in hours was not unreasonable and because committing magistrates are not available late at night. Garner v. United States, (App. D.C., 1949) 174 F. (2d) 499.
Eliminating The Battle Of Experts In Criminal Insanity Cases, Henry Weihofen
Eliminating The Battle Of Experts In Criminal Insanity Cases, Henry Weihofen
Michigan Law Review
It is the purpose of this article to discuss certain procedural devices which have been adopted in some jurisdictions, designed to eliminate the ''battle of experts" which still disgraces criminal procedure in most of our states, and to replace it with a more impartial, more scientific, type of investigation.
Criminal Law-Indictment And Information-Variance Between Allegation And Proof, Daniel A. Isaacson S.Ed.
Criminal Law-Indictment And Information-Variance Between Allegation And Proof, Daniel A. Isaacson S.Ed.
Michigan Law Review
In a Texas prosecution for drunken driving, the complaint and information charged that the defendant " . . . on or about the 11th day of April, A.D. 1948 . . . did then and there unlawfully while intoxicated and while under the influence of intoxicating liquor, drive a motor vehicle . . . upon a public highway within said county, to-wit: U.S. Highway #108 about two miles north of the City of Stephenville, Texas .... " Upon conviction, defendant appealed, one ground being that the State had introduced evidence to the effect that he drove his automobile on Highway …
Sales-Criminal Law- Elements Of Unlawful Sale Of Narcotics, Robert W. Shadd
Sales-Criminal Law- Elements Of Unlawful Sale Of Narcotics, Robert W. Shadd
Michigan Law Review
Appellant, known to be peddling morphine, was contacted by a federal narcotic inspector who posed as a prospective purchaser. A price having been agreed upon, appellant permitted the inspector to handle and examine several of the tablets. After stating that he would take the drug, the inspector placed appellant under arrest. From a conviction of selling narcotics in violation of the Harrison Act, appellant appealed. Held, affirmed. A sale of narcotics is not complete without payment of the purchase price or delivery, but the facts here warranted a jury in finding that delivery was made. Barnett v. United States …