Law Commons^™

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

Criminal Law--Habeus Corpus--Lack Of Jurisdiction Resulting From Failure To Comply With Habitual Criminal Statute, D. L. Mcc.

West Virginia Law Review

No abstract provided.

Alcoholism And The Law, Melvin L. Selzer

Michigan Law Review

The American public has recently been subjected to a deluge of articles and books on the subject of alcoholism. While these contributions have been filled with valuable information, certain omissions have been noticeable. These omitted facts are of vital significance to any one wanting to gain insight into the broad problem of alcoholism. The first omission is a failure to stress that no one-or almost no one-knows who is alcoholic. This may include the alcoholic himself. It is a point of considerable importance in determining the proper disposition of certain criminal cases.

Corporations - Dissolution - Effect On Federal Criminal Prosecution Against Corporation, Lawrence J. Labrie

Michigan Law Review

Defendant corporation was prosecuted along with its officers .and employees for submitting false statements on FHA insured loans and for conspiracy. After return of indictment the corporation was voluntarily dissolved under Texas law. The corporation's motion to dismiss the indictment on the ground that dissolution abated the prosecution was overruled. On appeal, held, affirmed. Article 1388 of the Texas civil statutes which constitutes the president and directors trustees "to settle the affairs" of a dissolved corporation and to "maintain or defend judicial proceedings," continues the corporation in existence for the purpose of defending federal criminal proceedings. Alamo Fence Company …

Criminal Law - Due Process - Public Policy As Valid Grounds For Denying Recovery Of Proceeds Of Illegal Act, John Morrow S.Ed.

Michigan Law Review

Plaintiff collected a $10 fee from a number of persons for the privilege of attending a farm outing and photographing female models, some of whom posed in the nude. The sheriff arrested all concerned. Plaintiff pleaded guilty to a charge of outraging public decency and was fined $50. The others were found guilty of disorderly conduct. Plaintiff brought a trover action against the sheriff who had kept the money ($149) which the plaintiff had collected, but the trial court dismissed the action. On appeal to the New York Court of Appeals, held, affirmed, one judge dissenting. Plaintiff could not …

Criminal Law—Criminal Contempt, Jack Getman

Buffalo Law Review

People v. Saperston, 2 N.Y.2d 210, 159 N.Y.S.2d 160 (1957).

Criminal Law—Recantation, Joel Brownstein

Buffalo Law Review

People v. Ezaugi, 2 N.Y.2d 439, 161 N.Y.S.2d 75 (1957).

Ignorance And Mistake In Criminal Law, Jerome Hall

Indiana Law Journal

No abstract provided.

Criminal Law—Unlicensed Practice Of Law, Richard Brocklebank

Buffalo Law Review

In re Roel, 3 N.Y.2d 224, 165 N.Y.S.2d 31 (1957).

Criminal Law—Conviction For Speeding Based Upon Speedometer Reading, Walter Barrett

Buffalo Law Review

People v. Heyser, 2 N.Y.2d 390, 161 N.Y.S.2d 36 (1957); People v. Marsellus, 2 N.Y.2d 653, 163 N.Y.S.2d 1 (1957).

Criminal Law—Sentence—Multiple Punishment, Edwin Yaeger

Buffalo Law Review

People ex rel. Mauer v. Jackson, 2 N.Y.2d 259, 159 N.Y.S.2d 203 (1957).

Criminal Law—Breach Of Peace, George M. Gibson

Buffalo Law Review

People v. Carcel, 3 N.Y.2d 327, 165 N.Y.S.2d 113 (1957).

Criminal Law—Criminal Negligence In Operation Of Motor Vehicles, Donald N. Roberts

Buffalo Law Review

People v. Decina, 2 N.Y.2d 133, 157 N.Y.S.2d 558 (1956); People v. Eckert, 2 N.Y.2d 126, 157 N.Y.S.2d 551 (1956).

Criminal Law—Per Curiam, Buffalo Law Review

Buffalo Law Review

People v. Kalan, 2 N.Y.2d 278, 159 N.Y.S.2d 480 (1957); People v. Farina, 2 N.Y.2d 454, 161 N.Y.S.2d 88 (1957).

Criminal Law—Receipt Of Bribes By Labor Representative, Glenn Morton

Buffalo Law Review

People v. Cilento, 2 N.Y.2d 55, 156 N.Y.S.2d 673 (1956).

Criminal Law—Trial—Right Of Defendant To Be Free Of Shackles, Edwin Yaeger

Buffalo Law Review

People v. Mendola, 2 N.Y.2d 270, 159 N.Y.S.2d 473 (1957).

Criminal Law—Parole Violation, Robert Lane

Buffalo Law Review

People ex rel. Watkins v. Murphy, 3 N.Y.2d 163, 164 N.Y.S.2d 719 (1957).

Criminal Law—Surrender Of Prisoner Not Commutation Of Sentence, Beryl Mcguire

Buffalo Law Review

People v. rel. Reynolds v. Martin, 3 N.Y.2d 217, 165 N.Y.S.2d 26 (1957).

Criminal Law—Public Trial, Jack Getman

Buffalo Law Review

New York Post Corp. v. Leibowltz, 2 N.Y.2d. 677, 163 N.Y.S.2d 409 (1957).

Criminal Law—Revocation Of Driver's License, Walter Barrett

Buffalo Law Review

Hubbell v. Macduff, 2 N.Y.2d 563, 161 N.Y.S.2d 857 (1957); Astman v. Kelly, 2 N.Y.2d 567, 161 N.Y.S.2d 860 (1957).

Criminal Law, Robert L. Fletcher

Washington Law Review

Covers perjury by deposition—an abortive redefintion.

Criminal Law And Procedure -- 1957 Tennessee Survey, James B. Earle

Vanderbilt Law Review

Homicide: The statutory requirement that a killing be "willful; deliberate, malicious, and premeditated" for a finding of murder in the first degree is not applicable to a killing committed while in the perpetration of one of the felonies listed in the statute. This question arose in Farmer v. State, in which it appeared that the killing resulted from the setting on fire of a dwelling, i.e. arson, by the defendant. It was urged on appeal to the Tennessee Supreme Court that there was no proof of felonious homicide because there was no showing of an intent to kill nor even …

Criminal Law, Stanley M. Johanson

Washington Law Review

Coves cases on appeal—preservation of grounds—misconduct of the prosecuting attorney.

The Federal Courts And Indirect Criminal Contempt, Philip L. Peeler

Vanderbilt Law Review

The purpose of this note will be to deal with one method of implementation, i.e., the use of the court's power to punish for criminal contempt particularly in regard to decrees, and the extent to which and under what circumstances persons not directly named in those decrees may be subjected to punishment for conduct of a criminal nature which interferes with the enforcement of those decrees...

Judicial decisions which conflict with settled moral and ethnological convictions are not translated overnight into effective standards of acceptable behavior. The decisions, however, must be implemented.'The purpose of this note will be to deal …

Evidence - Examination Of Witnesses - Surprise As Grounds For Impeaching A Party's Own Witness, John A. Ziegler, Jr. S.Ed., Raymond Dittrich

Michigan Law Review

The defendant was convicted of the statutory rape of his stepdaughter. Immediately following the alleged offense, the victim had signed a statement accusing the defendant of the crime charged. Before the trial, however, the district attorney was advised by the defense counsel, and by the victim herself, that the written statement was not true. At the trial, when called as a witness by the commonwealth, the girl repudiated her earlier statement, whereupon the district attorney pleaded surprise and was permitted to use the prior statement to impeach. On appeal, held, affirmed. The district attorney was "actually surprised" when the …

Federal Jurisdiction - Securities And Exchange Commission - Application Of Rule X - 10b-5 To Transactions Involving Non-Securities, Richard Singer

Michigan Law Review

Plaintiff brought an action for damages and the cancellation of certain instruments under section 10 (b) of the Securities Exchange Act of 1934 and rule X-10B-5 promulgated thereunder by the Securities and Exchange Commission. She proved a series of interrelated acts which took place over a period of months by which the defendants fraudulently deprived her of both securities and other property. The defendants objected to the jurisdiction of the district court on the ground that rule X-10B-5 was not applicable to transactions involving non-securities. The district court retained jurisdiction on the theory that all of the acts complained of …

Voice Identification, Writing Exemplars And The Privilege Against Self-Incrimination, Russell J. Weintraub

Vanderbilt Law Review

The problems involved in defining the nature of the privilege against self-incrimination and in setting its limits have been much mooted in recent years. Though these problems have been brought into sharp focus by the present very urgent and certainly justified concern for our national security, they are problems which are inherent in the privilege itself. They have been with us for a long time.

One of these problems concerns the extent to which a person may refuse to participate in criminal proceedings brought against him. Doubtless not even the most liberal proponent of the privilege would claim that an …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

AGENCY--INDEPENDENT CONTRACTOR--"ONE WAY LEASE" EFFECTIVE TO TERMINATE RELATIONSHIP

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COURTS--CIVIL RIGHTS ACT--IMMUNITY OF JUDGE FOR ACTS COMMITTED IN THE EXERCISE OF A JUDICIAL FUNCTION

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COURTS--CONTEMPT--VIOLATION OF COURT RULE BANNING PHOTOGRAPHY

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CRIMINAL LAW--ENTRAPMENT BY STATE OFFICIAL AS A DEFENSE TO FEDERAL PROSECUTION

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DAMAGES--BREACH OF WARRANTY--RECOVERY FOR LOSS OF PROFITS

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FEDERAL COURTS--CHOICE OF LAW--APPLICATION OF ERIE DOCTRINE TO DIVERSITY CASES INVOLVING FEDERAL COMMERCIAL PAPER

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TORTS--BATTERY--CONSENT OF MINOR TO SIMPLE OPERATION AS A DEFENSE

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TORTS--DUTY TO ACT--EMPLOYER'S ASSUMPTION OF A DUTY BY GIVING MEDICAL EXAMINATIONS TO EMPLOYEES

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West Virginia Indeterminate Sentence And Parole Laws, Londo H. Brown

West Virginia Law Review

While this part of the study is supposed to be a study of West Virginia's indeterminate sentence law, it is in reality a study of this state's indeterminate sentence and parole laws. No indeterminate sentence law can be of value unless it is correlated to an adequate parole law, and, it is said, no parole law can be of full value unless it is used in conjunction with an indeterminate sentence law. At the outset several generalities may be set forth. There is no perfect answer to the penal problem. When men and women must be deprived of their liberty …

Federal Criminal Procedure - Venue Situs Of Crime Of Failing To Perform Statutory Duty, John C. Baity

Michigan Law Review

Three defendants, classified conscientious objectors, were prosecuted for violations of the Military Training and Service Act. Defendants were ordered to report to their local boards for civilian work assignments in lieu of induction. They reported to their boards but refused to comply with instructions ordering them to report at hospitals located in judicial districts other than those of their boards. The Third Circuit held that the crime of "knowingly failing or neglecting to obey any such order" was committed in the district where the hospital was located and that venue was proper in such district. On similar facts the Tenth …