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Recent Cases, Law Review Staff Dec 1950

Recent Cases, Law Review Staff

Vanderbilt Law Review

AUTOMOBILE INSURANCE--COMPREHENSIVE CLAUSE EXCLUDING MECHANICAL BREAKDOWN--REQUIREMENT THAT EXCLUDED RISK BE SOLE PROXIMATE CAUSE

BAILMENTS--DELIVERY OF POSSESSION--PROPERTY DEPOSITED IN PUBLIC LOCKER

CONSTITUTIONAL LAW--INFRINGEMENT OF CIVIL RIGHTS BY PRIVATE INDIVIDUALS--CAUSE OF ACTION UNDER FEDERAL STATUTE

CONSTITUTIONAL LAW--RIGHT TO JURY TRIAL--ACTION FOR STATUTORY PENALTY UNDER PRICE ..CONTROL ACT

CONSTITUTIONAL LAW--UNITED NATIONS CHARTER--APPLICATION AS TREATY TO RENDER STATE LAW INVALID

CONTRACTS--CONSIDERATION--NEW AGREEMENT TO PAY LESS THAN ORIGINAL CONTRACT PRICE

CONTRACTS--DEFINITION OF TERMS--EFFECT OF PART PERFORMANCE IN MAKING TERMS CERTAIN

COPYRIGHT--ARTIST'S RIGHTS IN PRODUCTION AFTER SALE--"MORAL RIGHT" TO PREVENT DESTRUCTION

CRIMINAL LAW--SEARCHES AND SEIZURES--EFFECTS OF VIOLATION OF CONSTITUTIONAL RIGHT ON JURISDICTION OF FEDERAL COURTS

JOINT …


Criminal Law And Procedure, H.T. O'Neal Jr. Dec 1950

Criminal Law And Procedure, H.T. O'Neal Jr.

Mercer Law Review

The course of the Criminal Law is so firmly established that a year of decisions fails to generate any momentous impact. Its ancient principles have "existed from the time whereof the memory of man runneth not to the contrary." The twelve months of decisions herein surveyed have produced neither radical departure nor astounding change.

In order to construct a coherent story of one year of Criminal Law, it is necessary to devise several very general categories into which each of the decisions can find a place. Certain of these divisions, particularly those concerning evidence and procedure, have received exhaustive treatment …


Criminal Law: Psychiatric Aid In Evaluating The Credibility Of A Prosecuting Witness Charging Rape Oct 1950

Criminal Law: Psychiatric Aid In Evaluating The Credibility Of A Prosecuting Witness Charging Rape

Indiana Law Journal

Recent Cases


Social Meaning Of Legal Concepts - Criminal Guilt, Jerome Hall Oct 1950

Social Meaning Of Legal Concepts - Criminal Guilt, Jerome Hall

Indiana Law Journal

No abstract provided.


Courts-Validity Of Order Of Judge Excluding Public From Criminal Trials [United States V. Kobli, C. A. 3d 1949]. Sep 1950

Courts-Validity Of Order Of Judge Excluding Public From Criminal Trials [United States V. Kobli, C. A. 3d 1949].

Washington and Lee Law Review

No abstract provided.


Admissibility In Criminal Prosecutions Of Proof Of Other Offenses As Substantive Evidence, Clinton J. Morgan Jun 1950

Admissibility In Criminal Prosecutions Of Proof Of Other Offenses As Substantive Evidence, Clinton J. Morgan

Vanderbilt Law Review

"The general rule has been well established that on prosecution for a particular crime evidence which in any manner shows or tends to show that the accused has committed another crime wholly independent of that for which he is on trial, even though it be a crime of the same character, is irrelevant and inadmissible." This statement by the Tennessee court announces the basic rule regarding the matter of proof of other crimes as substantive evidence--a rule which is quoted and adhered to in virtually every American jurisdiction. The evidence is not excluded because it has no probative value, but …


Recent Cases, Law Review Staff Jun 1950

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

ATTORNEYS--REINSTATEMENT PROCEEDINGS--JURISDICTION OF DISBARRING COURT

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AUTOMOBILE LIABILITY INSURANCE--ESTOPPEL BY JUDGMENT--PRIOR JUDGMENT AGAINST INSURED AS BAR TO INSURER'S DEFENSE OF LACK OF COVERAGE

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BURGLARY INSURANCE--CRIMINAL ACT OF EMPLOYEE OF INSURED--HARM TO THIRD PERSON AS JUSTIFICATION

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CHATTEL MORTGAGES--MORTGAGEABILITY OF I.C.C. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY--APPROVAL OF COMMISSION AS CONDITION PRECEDENT

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CONSTITUTIONAL LAW--DUE PROCESS--MANDATORY MINIMUM PRICE MARK-UPS ON INTOXICATING LIQUORS

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CONSTITUTIONAL LAW--OATH OF ALLEGIANCE AND OATH OF OFFICE--POWER OF LEGISLATURE TO ENLARGE UPON CONSTITUTIONAL PROVISION

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CONVEYANCES--CONSTRUCTION OF LIMITATIONS--ENTAILING LANGUAGE AS WORDS OF PURCHASE OR WORDS OF INHERITANCE

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CRIMINAL LAW--PRIVILEGE OF SELF-DEFENSE--DUTY OF OCCUPANTOF …


Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed. Jun 1950

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 Jun 1950

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 Jun 1950

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. May 1950

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 May 1950

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. May 1950

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 …


Some Statutory Construction Problems And Approaches In Criminal Law, James C. Quarles Apr 1950

Some Statutory Construction Problems And Approaches In Criminal Law, James C. Quarles

Vanderbilt Law Review

Statutory construction and interpretation, important in every field of law, is vital in a field containing a large number of legislative acts and a considerable body of appellate court decisions construing them. For this reason alone, statutory construction problems are particularly significant in criminal law. Many American jurisdictions punish no activity other than that expressly declared criminal by statute.' The Federal Government, which of course punishes no crimes except those defined by Congress, has contributed to this growth of the criminal law through the imposition of many duties and the proscription of various activities relating to the collection of revenue, …


Recent Cases, Law Review Staff Apr 1950

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Automobiles--Family Purpose Doctrine--Automobile Owned by other than Head of Family

Contracts--Effect of Illegality--Recover Where No Moral Turpitude involved and Purpose of Statute Not Violated

Corporations--Liability of Officer to Creditors for Excessive Salary--Burden of Proof on Defendant to Show Reasonableness

Criminal Law--Proximate Cause--Responsibility for Death Due to Acts of Persons Opposing a Felony

Criminal Law--Violation of the Mann Act--Actual Transportation Entirely within a Single State

Evidence--Confidential Communications between Spouses--Admissibility of Testimony as to Conduct of Party Spouse

Insurance--Commercial--Radius Endorsement in Automobile Insurance--Effect of Breach after Return to Designated Area

Personal Property--Finding Lost Goods--Chambermaid's Right to Goods Found by Her …


Economic Depression As A Factor In Rural Crime, Herbert A. Bloch Jan 1950

Economic Depression As A Factor In Rural Crime, Herbert A. Bloch

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews Jan 1950

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.


Habeas Corpus In Extradition Proceedings Involving Escaped Convicts , Kenneth Levin Jan 1950

Habeas Corpus In Extradition Proceedings Involving Escaped Convicts , Kenneth Levin

Journal of Criminal Law and Criminology

No abstract provided.


Pitfalls In The Use Of Ultraviolet Examinations To Differentiate Between Writing Papers, Ordway Hilton Jan 1950

Pitfalls In The Use Of Ultraviolet Examinations To Differentiate Between Writing Papers, Ordway Hilton

Journal of Criminal Law and Criminology

No abstract provided.


Police Science Book Reviews Jan 1950

Police Science Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.


Limitations On Municipal Use Of Parking Meters, William T. Jacobson Jan 1950

Limitations On Municipal Use Of Parking Meters, William T. Jacobson

Journal of Criminal Law and Criminology

No abstract provided.


Post Conviction Remedies In Illinois, Stanley Levin Jan 1950

Post Conviction Remedies In Illinois, Stanley Levin

Journal of Criminal Law and Criminology

No abstract provided.


The British Police, O. W. Wilson Jan 1950

The British Police, O. W. Wilson

Journal of Criminal Law and Criminology

No abstract provided.


Higher Police Training At The University Level, Donal E. J. Macnamara Jan 1950

Higher Police Training At The University Level, Donal E. J. Macnamara

Journal of Criminal Law and Criminology

No abstract provided.


Police Science Legal Abstracts And Notes Jan 1950

Police Science Legal Abstracts And Notes

Journal of Criminal Law and Criminology

No abstract provided.


Criminological Research Bulletin New Series No.1, Otto Pollak Jan 1950

Criminological Research Bulletin New Series No.1, Otto Pollak

Journal of Criminal Law and Criminology

No abstract provided.


Five Hundred Homicides, Howard Harlan Jan 1950

Five Hundred Homicides, Howard Harlan

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law Case Notes And Comments: Abstracts Of Recent Cases Jan 1950

Criminal Law Case Notes And Comments: Abstracts Of Recent Cases

Journal of Criminal Law and Criminology

No abstract provided.


Current Notes Jan 1950

Current Notes

Journal of Criminal Law and Criminology

No abstract provided.


Some Avoidable Lie-Detector Mistakes, Fred E. Inbau Jan 1950

Some Avoidable Lie-Detector Mistakes, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.