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People V. Chessman [Dissent], Jesse W. Carter Dec 1951

People V. Chessman [Dissent], Jesse W. Carter

Jesse Carter Opinions

Reexamination of defendant's arguments as to the correctness and validity of the reporter's transcript were without merit and the transcript permitted a fair consideration and disposition of the appeal.


Recent Cases, Law Review Staff Dec 1951

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

ADMINISTRATIVE LAW--FINANCIAL RESPONSIBILITY ACT--REVOCATION OF DRIVER'S LICENSE WITHOUT HEARING

CONSTITUTIONAL LAW--ECONOMIC REGULATION--STATE COURT INTERPRETATIONS OF SUBSTANTIVE DUE PROCESS

CONSTITUTIONAL LAW--EMINENT DOMAIN FOR SLUM CLEARANCE--EFFECT OF SALE OR LEASE OF PROPERTY TO PRIVATE PERSONS FOR REDEVELOPMENT

CONSTITUTIONAL LAW--INTERGOVERNMENTAL RELATIONS--STATE SALES TAX ON INDEPENDENT CONTRACTOR DEALING WITH FEDERAL AGENCY WHOSE "ACTIVITIES" ARE EXEMPTED

CRIMINAL LAW--EFFECT OF PROOF OF COMPLETED CRIME ON CHARGE OF ATTEMPT--FATAL VARIANCE

FEDERAL JURISDICTION--FORUM NON CONVENIENS--STAY OF FEDERAL ACTION PENDING STATE DECISION

INSANE PERSONS--COMMITMENT PROCEEDINGS--REQUIREMENT OF REASONABLE NOTICE

RIGHT OF PRIVACY--PUBLICATION OF PICTURES AS OFFENSE TO "ORDINARY SENSIBILITIES"--QUESTION OF LAW OR FACT?

TRUSTS--DUALITY OF INTEREST--MERGER OF TITLE …


Criminal Law And Procedure, H.T. O'Neal Jr. Dec 1951

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

Mercer Law Review

A synopsis of the criminal law as decided by our appellate courts consists, in the main, of a restatement of age-old concepts. The criminal law does not readily lend itself to startling new trends or changes. It is a science which is not static, but stationary.

It has been necessary to formulate several very general categories in which to place the cases, in order that a discussion of them may have some .semblance of order and organization. Although some of the categories have received exhaustive treatment elsewhere in this issue, it appears necessary that they be discussed here solely from …


People V. Nye [Dissent], Jesse W. Carter Nov 1951

People V. Nye [Dissent], Jesse W. Carter

Jesse Carter Opinions

Evidence of a defendant's prior attempted rape was admissible in his trial for assault with intent to rape a second victim as the evidence of the first offense showed defendant's intent when he entered the second victim's hotel room.


In Re Davis [Dissent], Jesse W. Carter Nov 1951

In Re Davis [Dissent], Jesse W. Carter

Jesse Carter Opinions

A habeas corpus petitioner's claim that his imprisonment was illegal due to the fact that he was not afforded a hearing or notice upon the revocation of his probation was denied. Petitioner failed to show that the revocation was arbitrary.


In Re Mcinturff [Dissent], Jesse W. Carter Oct 1951

In Re Mcinturff [Dissent], Jesse W. Carter

Jesse Carter Opinions

Court reversed a lower court's order granting petitioner a writ of habeas corpus because the writ of habeas corpus was not available to review the trial court's erroneous refusal to certify petitioner to the Youth Authority.


People V. Cullen [Dissent], Jesse W. Carter Jul 1951

People V. Cullen [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's conviction on two counts of murder was proper, even though the victims' bodies were not found. The elements of the corpus delecti were proved circumstantially or inferentially.


In Re Kimler [Dissent], Jesse W. Carter Jul 1951

In Re Kimler [Dissent], Jesse W. Carter

Jesse Carter Opinions

Writ of habeas corpus from Missouri court finding that inmate's extradition to California was not warranted did not preclude the subsequent imprisonment of the inmate in California. The determination was not a pardon.


Habeas Corpus And Coram Nobis In Indiana Jul 1951

Habeas Corpus And Coram Nobis In Indiana

Indiana Law Journal

No abstract provided.


Criminal Processes And Habeas Corpus: A Remedy In The Federal Courts Jul 1951

Criminal Processes And Habeas Corpus: A Remedy In The Federal Courts

Indiana Law Journal

No abstract provided.


Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders Jun 1951

Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders

Vanderbilt Law Review

Probably the most pervasive dilemma in human experience is that which poses the choice with respect to the use of normally-condemned means in order to attain what are considered to be desirable ends. The field of criminal law administration offers a particularly apt illustration of the dilemma in modern society. The actual, day-to-day methods of operation of our law enforcement officers, prosecutors, judges and other officials concerned with the investigation, trial and punishment of those charged with crime,--all reflect the choice that has been made in fact by our society. We can each judge, within the limits of our experience, …


Evidence-Admissibility Of Uncommunicated Threats, Thomas Hartwell S. Ed. Jun 1951

Evidence-Admissibility Of Uncommunicated Threats, Thomas Hartwell S. Ed.

Michigan Law Review

The defendant was convicted of murder in the first degree, following his killing of one Hunter as the outcome of a quarrel. The defendant had pleaded self-defense, contending that Hunter had appeared to threaten him. The defendant was the only witness to testify as to any aggression on the part of Hunter, while the four eyewitnesses to the killing all testified that the accused had attacked Hunter without warning and had fired upon Hunter's wife and child. Defendant's motion for new trial on the ground of newly discovered evidence showing that Hunter had in his pocket an open knife, which …


People V. Thomas, Jesse W. Carter May 1951

People V. Thomas, Jesse W. Carter

Jesse Carter Opinions

In murder case, the court did not have the authority to reduce defendant's death sentence to life imprisonment because defendant failed to show prejudicial error with respect to the sentencing order.


Unraveling Juvenile Delinquency. By Sheldon And Eleanor Glueck., Victor B. Wylegala Apr 1951

Unraveling Juvenile Delinquency. By Sheldon And Eleanor Glueck., Victor B. Wylegala

Buffalo Law Review

No abstract provided.


My Six Convicts. By Donald Powell Wilson., Charles W. Webster Apr 1951

My Six Convicts. By Donald Powell Wilson., Charles W. Webster

Buffalo Law Review

No abstract provided.


Criminal Law-Application Of Double Jeopardy Prohibition In Case Of Two Deaths Resulting From Single Act Of Wrongdoing [State V. Martin, Ohio 1950] Mar 1951

Criminal Law-Application Of Double Jeopardy Prohibition In Case Of Two Deaths Resulting From Single Act Of Wrongdoing [State V. Martin, Ohio 1950]

Washington and Lee Law Review

No abstract provided.


Criminal Law - ''Temporary Insanity" -Arguments And Proposals For Its Elimination As A Defense To Criminal Prosecution, Lewis R. Williams, Jr. S. Ed. Mar 1951

Criminal Law - ''Temporary Insanity" -Arguments And Proposals For Its Elimination As A Defense To Criminal Prosecution, Lewis R. Williams, Jr. S. Ed.

Michigan Law Review

ln view of the apparently increasing number of cases which have come before the courts in recent years in which the defense of "temporary insanity" has been made, an investigation into the status of that defense in the criminal law of today would seem desirable. The term "temporary insanity" is one of popular origin and finds no place in strict legal terminology. The defense of incapacity for the mens rea, legally speaking, is "insanity," not "temporary insanity." But because of the human desire for a mot convenable, we have come to apply the term "temporary insanity" to those …


The Right Of A Businessman To Lower The Price Of His Goods, Stanley D. Rose Feb 1951

The Right Of A Businessman To Lower The Price Of His Goods, Stanley D. Rose

Vanderbilt Law Review

The present actions being taken to mark the transition from cold to hot war are settling a number of problems and creating a host of others. The direction of our national effort within the economy will shift to production; our normal interest would be in distribution. This shift will not mean that the antitrust laws will be entirely suspended. There remain certain vital functions of protecting whole classes of citizens during the coming years of stress and for that day when once again we return to our new two-cars-for-every-family ideal.

'But it cannot be denied that a discussion of lowering …


Recent Cases, Law Review Staff Feb 1951

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorney and Client--Unauthorized Practice of Law--Drafting of Legal Instruments by Realtors

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Bailments--Bailee for Hire--Validity of Contract Provision Limiting Liability for Negligence

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Brokers (Real Estate)--Statement that Principal Might Take Less than List Price as Breach of Fiduciary Obligation--Breach as Defense to Action for Commission

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Corporations--Preferred Stock--Cancellation of Accrued Dividends by Charter Amendment

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Criminal Law--Evidence--Admissibility of Uncommunicated Threats under Plea of Self-Defense

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Domestic Relations--Consortium Right of Wife to Sue for Loss Due to Negligent Injury to Husband

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Eminent Domain--Lessee as Condemnor--Requirement that Compensation be Given for Improvements to Land Made by Lessee

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Evidence--Unanswered Letters--Admissibility on …


Editorial Jan 1951

Editorial

Journal of Criminal Law and Criminology

No abstract provided.


Crime And Politics, Adlai E. Stevenson Jan 1951

Crime And Politics, Adlai E. Stevenson

Journal of Criminal Law and Criminology

No abstract provided.


The Sociological Study Of Criminality, Thorsten Sellin Jan 1951

The Sociological Study Of Criminality, Thorsten Sellin

Journal of Criminal Law and Criminology

No abstract provided.


How To Measure The Extent Of Juvenile Delinquency, O. W. Wilson Jan 1951

How To Measure The Extent Of Juvenile Delinquency, O. W. Wilson

Journal of Criminal Law and Criminology

No abstract provided.


Use Of Psychiatry In Soviet Criminal Proceedings: Part Ii Psychiatry And Criminal Procedure, Richard Arens, Frederick W. Killian Jan 1951

Use Of Psychiatry In Soviet Criminal Proceedings: Part Ii Psychiatry And Criminal Procedure, Richard Arens, Frederick W. Killian

Journal of Criminal Law and Criminology

No abstract provided.


On The Etiology Of Juvenile Delinquency, Hector J. Ritey Jan 1951

On The Etiology Of Juvenile Delinquency, Hector J. Ritey

Journal of Criminal Law and Criminology

No abstract provided.


Recent Contributions Of Psychology To The Study Of Criminogenesis, Fabian L. Rouke Jan 1951

Recent Contributions Of Psychology To The Study Of Criminogenesis, Fabian L. Rouke

Journal of Criminal Law and Criminology

No abstract provided.


Right Of The Prosecution To Attack The Character Of The Defendant: A Limited Recognition Of A New Exception, Jerome F. Goldberg Jan 1951

Right Of The Prosecution To Attack The Character Of The Defendant: A Limited Recognition Of A New Exception, Jerome F. Goldberg

Journal of Criminal Law and Criminology

No abstract provided.


Amendment Of Indictments And Informations, Richard Jacobson Jan 1951

Amendment Of Indictments And Informations, Richard Jacobson

Journal of Criminal Law and Criminology

No abstract provided.


Should The Forcible Recovery Of Gambling Losses Constitute Robbery, Howard Joseph Jan 1951

Should The Forcible Recovery Of Gambling Losses Constitute Robbery, Howard Joseph

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law Notes And Comments: Abstracts Of Recent Cases Jan 1951

Criminal Law Notes And Comments: Abstracts Of Recent Cases

Journal of Criminal Law and Criminology

No abstract provided.