Law Commons^™

Donnelly, Goldstein & Schwartz: Criminal Law, B. J. George Jr.

Michigan Law Review

A Review of Criminal Law. By Richard C. Donnelly, Joseph Goldstein and Richard D. Schwartz.

Three Modern Problems In Criminal Law, E. Barrett Prettyman

Washington and Lee Law Review

No abstract provided.

Criminally Enforceable Duty To Act

Washington and Lee Law Review

No abstract provided.

The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell

Vanderbilt Law Review

To crystallize in a few words the motif of a career as varied and comprehensive as that of Eddie Morgan would in any event be difficult, but it is doubly so for a life devoted, as his has been, to stuff as vital and dynamic as procedure and evidence. For me, his work most fundamentally is to be characterized as a quest for greater rationality in the adjudicative process. Whether one thinks of his analysis of the hearsay rule,' or his rationale of the admissions exception to it, or his treatment of the dead man's statute, or his study of …

The Origin Of The Sacco-Vanzetti Case, Tom O'Connor

Vanderbilt Law Review

For the first time in the thirty-three years since Sacco and Vanzetti were executed, on August 23, 1927, there has appeared an apologia for the Commonwealth of Massachusetts. The work bears the title: Sacco-Vanzetti: The Murder and the Myth. The author is Robert H. Montgomery, a Harvard Law School graduate (1912) and a corporation lawyer in Boston for nearly fifty years. His clients include textile mills, such as the American Woolen Company (center of the famous Lawrence Strike of 1911), New England Telephone & Telegraph Co., and large electric power interests. The approach of Attorney Montgomery to the Sacco-Vanzetti case …

Abstracts Of Recent Cases, Aaron David Trub

West Virginia Law Review

No abstract provided.

Criminal Law And Procedure -- 1960 Tennessee Survey, Robert E. Kendrick

Vanderbilt Law Review

Offenses against the person-(a) Homicide: Parties.-Because of an asserted lack of intention to commit homicide, two persons asked the state supreme court in Eager v. State to reverse their convictions of involuntary manslaughter for allegedly, while intoxicated, killing a pedestrian with an automobile driven by one and directed and aided by the other. In affirming, it would have been enough to dispose of this contention to invoke the statutory provision that "manslaughter is the unlawful killing of another without malice, either express or implied, which may be... involuntary, but in the commission of some unlawful act,"' to call attention to …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases:

CONTRACTS--CONFLICT OF INTERESTS--GOVERNMENT EXPERT'S PRINCIPAL EMPLOYMENT INSUFFICIENT TO VOID CONTRACT ON GROUNDS OF PUBLIC POLICY

=================================

CRIMINAL LAW-ATTEMPT-CONVICTION OF ATTEMPT TO RECEIVE PROPERTY NOT IN FACT STOLEN

=================================

DOMESTIC RELATIONS-UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT--RELIEF FROM-EXTRADITION UPON PETITION OF THE OBLIGOR

=================================

EVIDENCE-ADMISSIONS--GUILTY PLEA TO TRAFFIC LAW VIOLATION INADMISSIBLE IN SUBSEQUENT CIVIL SUIT

=================================

FEDERAL JURISDICTION AND PROCEDURE--DIVERSITY JURISDICTION--ABSTENTION BY FEDERAL COURT FROM THE EXERCISE OF JURISDICTION IN DIVERSITY CASE

=================================

LABOR LAW--LABOR--MANAGEMENT RELATIONS ACT-STATE COURT PRE-EMPTED FROM ENFORCING GRIEVANCE PROCEDURES OF COLLECTIVE BARGAINING AGREEMENT

=================================

PROFESSION OF LAW--BAR ASSOCIATION MAY NOT DISCIPLINE AN ATTORNEY FOR CONDUCT AS …

Federal Assistance In The Enforcement Of State Criminal Law

Washington and Lee Law Review

No abstract provided.

Criminal Law And Procedure--1959 Tennessee Survey, Robert E. Kendrick

Vanderbilt Law Review

Conspiracy--Cline v. State was an appeal from a conviction of a conspiracy to dynamite and destroy a public school building in Clinton, Tennessee, in violation of a statute making it a felony for two or more persons to agree "to commit an illegal act capable of producing conditions destructive to life or property.. ." by possessing, transporting or using explosives. Three men, D1, D2 and D3, had been indicated; but, before defendants were put to trial, the state entered a "nolle prosequi" against D1, who became a state's witness. Afterwards, D2 was acquitted in the same trial in which D3, …

Felony Murder, Transferred Intent, And The Palsgraf Doctrine In The Criminal Law, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

Federal Assimilative Crimes Act: How Much State Law?

Washington and Lee Law Review

No abstract provided.

Entrapment Re-Examined By United States Supreme Court

Washington and Lee Law Review

No abstract provided.

Abstracts Of Recent Cases, L. S. D.

West Virginia Law Review

No abstract provided.

The Maryland Version Of The Uniform Post Conviction Procedure Act, With Special Reference To The Writ Of Habeas Corpus, John D. Alexander Jr.

Maryland Law Review

No abstract provided.

Criminal Law And Procedure -- 1958 Tennessee Survey, Charles H. Miller

Vanderbilt Law Review

In surveying the field of criminal law and procedure the cases presented to the supreme court during the year were little more than normal or typical. Several of the criminal cases are not presented in detail in this article, as they are dealt with in other survey sections.

Criminal Law--Confinement In The Penitentiary Without Indictment--Escape From Illegal Custody, I. A. P. Jr.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Automobiles--Owner's Liability Statutes--Application to the Master-Servant Relationship

==================================

Bankruptcy--Discharge--Failure of Creditor to Inform Bankruptcy Court of Bankrupt's Fraud in Procuring Loan

==================================

Bills and Notes--Demand Instruments--Time When Statute of Limitations Begins to Run

==================================

Bills and Notes--Holder in Due Course--Giving a Check in Exchange for Another Negotiable Instrument is not the Giving of Value When the Check Turns Out to be Worthless

==================================

Constitutional Law--Due Process of Law--Use of Perjured Testimony and Suppression of Material Evidence Favorable to Accused in State Criminal Proceedings

===================================

Constitutional Law--Equal Protection of the Laws--Executory Interest Conditioned upon Racial Restriction on Use of Land

=================================== …

Book Reviews, Ronan E. Degnan (Reviewer), James J. Lenoir (Reviewer), David H. Vernon (Reviewer), David W. Louisell (Reviewer), David Maxwell (Reviewer)

Vanderbilt Law Review

Book Reviews:

Cases and Materials on Evidence, Fourth Edition. By Morgan, Maguide & Weinstein Brooklyn: Foundation Press, 1957. Pp. xxiv,880. $11.00

reviewers: Ronan E. Degnan and David W. Louisell

==================================

Estate Planning and Taxation Two volumes. By William J. Bowe Buffalo: Dennis & Company, Inc., 1957. Vol. I, pp. lvi, 590; Vol. II,pp. viii, 614.

reviewer: James J. Lenoir

===================================

The Sanctity of Life and the Criminal Law By Glanville Williams. New York: Alfred A. Knopf, 1957. Pp. xi, 350. $5.00.

reviewer: David H. Vernon

===================================

Current Legal Problems Edited by G. W. Keeton & G. Schwarzenberger London: Stevens & …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorneys--Unauthorized Practice of Law--Negligence per se for Which Liable to Injured Person Other than Client

===============================

Conflict of Laws--Choice of Law--Application of Dramshop Act Where Injury Occurs in Another State

================================

Constitutional Law--Due Process--Legislative Publication of Intercepted Attorney-Client Communication

================================

Corporations--Stockholders' Rights--Mandamus to Compel Inspection of Corporate Books at Place Outside Forum State

================================

Creditors' Rights--Federal Tax Liens--Removal of Lien from Property in Hands of Bonafide Purchaser

================================

Criminal Law--Perjury--Witness Brought before Grand Jury for Primary Purpose of Extracting Perjured Testimony

================================

Domestic Relations--Torts--Action by Husband against Wife for Negligently inflicted Personal Injuries

================================

Evidence--Witnesses--Cross-Examination of Character Witness for Accused …

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

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 …

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 …

Criminal Law And Procedure -- 1956 Tennessee Survey, James B. Earle

Vanderbilt Law Review

Homicide: Involuntary manslaughter by automobile was involved in the case of Smith v. State.' The evidence tended to show that while the defendant was operating his automobile at a speed of possibly 40 miles per hour, he attempted to turn at a dead-end intersection, skidded on loose gravel, and struck his victim at a point approximately four feet off the street. It also appeared that the victim was a child of six who was playing on a bridge leading to a school; that the accident occurred on Christmas day; and that the defendant had consumed an unknown quantity of intoxicating …

The Law Of Infants' Marriages, Robert Kingsley

Vanderbilt Law Review

Just as the law requires, for ordinary contracts, that a party thereto must have reached an age sufficient to give him reasonable discretion, so, in connection with the contract of marriage, the law has required that the parties be not too immature. It must be remembered, however, that the word "infant" is not one of fixed meaning: when used with reference to ordinary contracts, and without further qualification, it usually means a person under twenty-one years of age; but in the field of criminal law the dividing line between "infancy" and "adult" responsibility is fixed at a lesser age (14 …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Congressional Investigations --Relevancy of Required Testimony

========================

Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State

========================

Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime

========================

Evidence--Judicial Admissions--Testimony as to Objective Facts

========================

Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity

========================

Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures

========================

Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership

========================

Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition

========================

Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant

========================

Torts--Landowner--Duty to Social Guest

========================

Wills--Pretermitted Heir Statue--Sole …

Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.

Vanderbilt Law Review

Homicide: In Ivy v. State' the defendant, in the course of a fight with A, stabbed B, a peacemaker, killing him. The defendant appealed his conviction of involuntary manslaughter on the theory that the evidence did not support the verdict, since it showed that the defendant was striking at A in self-defense when he unfortunately stabbed B. The court held that the jury could properly find on the evidence either that (1) the defendant, not A, was the aggressor, or (2) even if A were the aggressor, defendant was not in imminent danger or reasonably supposed danger of death or …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Criminal Law--Habitual Criminal--Right of Accused to Counsel under Fourteenth Amendment

Divorce--Alimony Decree Terminating upon Remarriage of Wife--Effect of Annulment of Subsequent Marriage

Divorce--Statutory Modification of Domiciliary Jurisdiction--Congressional Limitation of Power of Territorial Legislature

Labor Law--Unfair Labor Practice--Primary Jurisdiction in NLRB

Life Insurance--Good Health Clause--Existence of Malady Unknown to Insured

Nuisance--Liability for Non-Trespassory Interference with the Use and Enjoyment of Land--Intentional Invasion

Wills--Holographic Codicil--Publication of an Invalid Typewritten Will

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

Criminal Law--Insanity--Test of Irresponsibility

Criminal Procedure--Continuances--Delay of Trial Because of Crowded Civil Docket

Elections--Underage Candidate--Power of Judiciary over Names Appearing on Ballot

Federal Rules of Civil Procedure--Impleader--UnderRule 14(a)--Effect of Judgment between Plaintiff and Third-Party Defendant

Husband and Wife--Expenses of Last Illness--Husband's Right to Reimbursement under Wife's Will

Joint Tort Feasors--Release of One as Release of All--Application of Rule when First Tort Feasor is not Legally Liable

Restraint of Trade--Employee's Covenant Not to Compete--State-Wide Restraint

Specific Performance--Conveyance of Leased Premises upon Lessee's Exercise of Option to Purchase--Defense of Hardship

Unemployment Compensation--"Suitable" Employment--Refusal of Sabbath on Religious Grounds

Wrongful Death--Unborn …

Criminal Law And Procedure -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Most of the criminal law cases in the Tennessee courts during the past year have dealt with matters of procedure. The basic principles derived from these cases are treated in the Procedure and Evidence article of this 1954 Survey.' However, those cases of especial interest and significance will be considered here in somewhat greater detail. In addition to procedural matters there were a few cases which turned on concepts basic in the substantive law of crimes.

Substantive Law

Homicide: Tennessee has enunciated and followed a rule which states that driving an automobile while intoxicated is an act malum in se, …