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Articles 1 - 5 of 5
Full-Text Articles in Law
Criminal Procedure - Juries - Effect Of Disqualified Juror On The Verdict, Joseph M. Kortenhof S.Ed.
Criminal Procedure - Juries - Effect Of Disqualified Juror On The Verdict, Joseph M. Kortenhof S.Ed.
Michigan Law Review
Defendant was convicted of selling whiskey and imprisoned in the county jail. After the time for appeal had elapsed he discovered that one jury member had been an unpardoned convict. In a habeas corpus proceeding the defendant urged that the judgment was void and subject to collateral attack. The county court refused to discharge the defendant. On appeal, held, affirmed. Discovery after the verdict that a convict sat on the jury, contrary to statute, gives an automatic right to a new trial. However, since the defect only renders the verdict voidable and not void it must be challenged within …
Constitutional Law - Public Trial In Criminal Cases, Carl S. Krueger S.Ed.
Constitutional Law - Public Trial In Criminal Cases, Carl S. Krueger S.Ed.
Michigan Law Review
The criminal trial has been traditionally open to the public in Anglo-Saxon procedure, as it was in Roman and other civilized societies of an earlier time. The public trial of today, however, has been subjected to considerable criticism on the ground that there is a tendency for criminal trials to degenerate into public spectacles, frequently interrupting the orderly procedure of justice, and not infrequently actually prejudicing the accused. If no useful purpose is served by the presence of the idle public during the deadly serious determination of guilt or innocence, should not the judge, subject to the right of admittance …
Criminal Law-Application Of Murder-Felony Doctrine Where Homicide Was The Act Of A Non-Participant In The Felony, Edgar A. Strause S.Ed.
Criminal Law-Application Of Murder-Felony Doctrine Where Homicide Was The Act Of A Non-Participant In The Felony, Edgar A. Strause S.Ed.
Michigan Law Review
The appellant and another entered a filling station for the purpose of committing an armed robbery, held up those present, and then separated in search of money after the owner had refused to disclose its location. The unarmed deceased, a friend of the owner, attacked the appellant in an effort to frustrate the robbery. A brief struggle followed during which the deceased obtained possession of the appellant's pistol and struck appellant on the head with it, thereby causing the accidental discharge of the bullet which killed him. The appellant was convicted of murder. On appeal, held, affirmed. The alleged …
Criminal Law-Immunity From Prosecution Statutes--Revocation Of License As Penalty Or Forfeiture, Richard W. Pogue S.Ed.
Criminal Law-Immunity From Prosecution Statutes--Revocation Of License As Penalty Or Forfeiture, Richard W. Pogue S.Ed.
Michigan Law Review
Plaintiff, an architect, involuntarily testified as to facts involved in a bribery transaction, before a state attorney, a grand jury, and at the trial of members of the Board of Public Instruction for bribery and conspiracy to bribe. Subsequently the State Board of Architecture filed charges against him seeking to revoke his certificate, basing these charges on the same bribery transaction, in which he allegedly had participated. Plaintiff thereupon instituted suit for declaration of his rights and immunities. He claimed an immunity by virtue of a Florida statute which provided that in connection with certain crimes (including bribery) "no person …
Equity-Criminal Contempt-Violation Of Court Order Or Decree-Attorney's Responsibility, Warren K. Urbom S.Ed.
Equity-Criminal Contempt-Violation Of Court Order Or Decree-Attorney's Responsibility, Warren K. Urbom S.Ed.
Michigan Law Review
Employees of R, while on strike, picketed in the vicinity of a warehouse that was owned by X hut a part of which had been rented by R. The warehouse was served by two railroad spur tracks and two streets. Attempts to deliver goods to the warehouse via the railroad tracks were physically obstructed by the pickets, whereupon a temporary injunction issued restraining employees from "picketing ... plaintiff's railroad tracks and spur tracks or right of way or property in any manner whatsoever .... " Thereafter, on the strength of an attorney's advice, the employees maintained pickets fourteen …