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Criminal Law--Instruction Incomplete As To Fact, R. A. K. Dec 1952

Criminal Law--Instruction Incomplete As To Fact, R. A. K.

West Virginia Law Review

No abstract provided.

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Criminal Law—Presumption Statute, Joseph Taddeo Dec 1952

Criminal Law—Presumption Statute, Joseph Taddeo

Buffalo Law Review

People v. Terra, 303 N. Y. 332, 102 N. E. 2d 576 (1951).

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Unconvicting The Innocent, Richard C. Donnelly Dec 1952

Unconvicting The Innocent, Richard C. Donnelly

Vanderbilt Law Review

"Innocent Man is Unable to Clear Record after 7 1/2 Years in Prison. Under this headline, the New York Times recently reported the courthouse tragedy of Nathan Kaplan, 49-year-old salesman.' Mr. Kaplan's brush with the law began on September 28, 1937, when the Federal Government indicted him under the name of Nathan Kaplan, alias "Kitty," for the sale of heroin to a government undercover agent. Although he vigorously proclaimed his innocence from the day of his arrest, he did not take the witness stand at his trial. He was represented by able counsel and other due process requirements were fully …

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Criminal Law--Effect Of Pardon On Habitual Criminal Statute, E. W. K. Dec 1952

Criminal Law--Effect Of Pardon On Habitual Criminal Statute, E. W. K.

West Virginia Law Review

No abstract provided.

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Recent Cases, Law Review Staff Dec 1952

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Agency--Liability of Master for Servant's Acts--State Permit to Operate

Agency--Possession as Indicia of Ownership

Constitutional Law--Aliens--Detention Where Deportations is Impossible

Courts--Contempt--Delay in Summary Punishment

Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement

Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart

Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price

Income Taxation--Taxable Income--Claim of Right

Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report

Procedure--Statute of Limitations--Retroactive Operation

Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment

Wills--Contest--Interest of Legatee's Representative

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Protection Against Illegal Meansof Obtaining Evidence, Raymond W. Haman, James H. Flippen, Jr. Sep 1952

Protection Against Illegal Meansof Obtaining Evidence, Raymond W. Haman, James H. Flippen, Jr.

Washington and Lee Law Review

No abstract provided.

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People V. Evans, Jesse W. Carter Jul 1952

People V. Evans, Jesse W. Carter

Jesse Carter Opinions

A new trial was ordered following a conviction for lewd conduct with a child. It was not in accord with principles of justice and fair play to show the child defendant's picture and then take her into a room where defendant was the only occupant.

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Green V. Gordon [Dissent], Jesse W. Carter Jul 1952

Green V. Gordon [Dissent], Jesse W. Carter

Jesse Carter Opinions

Commutation of sentence was in nature of a favor and could be granted upon conditions. Therefore, it was within governor's power to commute death sentence to life without parole even though no such statutory penalty existed for murder conviction.

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People V. Gilliam [Dissent], Jesse W. Carter Jul 1952

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

Jesse Carter Opinions

Defendant's conviction of first degree murder and sentence of the death penalty were proper because there was no provocation for his conduct, and the circumstances showed an abandoned and malignant heart together with a consciousness of guilt.

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People V. Le Beau [Dissent], Jesse W. Carter Jun 1952

People V. Le Beau [Dissent], Jesse W. Carter

Jesse Carter Opinions

The trial court properly convicted defendant of illegal possession of narcotics because the trial court did not err in permitting the prosecution to impeach its own witness where the prosecution was surprised and prejudiced the prosecution's action.

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Delinquent Parents And The Criminal Law, Frederick J. Ludwig Jun 1952

Delinquent Parents And The Criminal Law, Frederick J. Ludwig

Vanderbilt Law Review

"There are no delinquent children; there are only delinquent parents." This tautological truism has long been the speaker's mainstay at Rotary luncheons, parent-teacher meetings, and assorted roundtables and institutes on juvenile delinquency. When a New York Children's Court judge undertook to put the principle into practice five years ago, a storm of controversy was unleashed which has not yet subsided. The case, tragic enough, involved 14-year-old Frankie, who scored hits on three passers-by with a stolen gun. The boy, who had been sleeping in hallways and on buses, was committed as a juvenile delinquent to a state training school. His …

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Recent Cases, Law Review Staff Jun 1952

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Adverse Possession--Statutes--May One Acquire an Indefeasible Life Estate under Tennessee Code Section 8582

Constitutional Law--Freedom of the Press--Effect of City Ordinance Prohibiting Solicitation of Magazine Subscriptions without Prior Consent of Person Solicited

Constitutional Law--Statutes--Requirement of Loyalty Oath as Valid Exercise of Police Power

Contracts--Procurement of Government Contracts on Contingent Fee Basis--Effect of Executive Order

Criminal Law--Mens Rea--Requirement in Action for Converting Government Property--Necessity for Criminal Intent

Damages--Injury to Child--Expenses of Parent in Attending Child

Divorce--Determination of Place Where Abandonment Occurs--Effect of Residence Requirement for Bringing Action

Domestic Relations--Legitimation Statute--Interpretation and Effect

Evidence--Unreasonable Searches and Seizures--Admissibility of Evidence Obtained …

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The Evolution Of Probation In American Law, Charles W. Webster Apr 1952

The Evolution Of Probation In American Law, Charles W. Webster

Buffalo Law Review

This is a condensation of a speech delivered before the State Probation officers at the Golden Jubilee of the Establishment of Probation in N. Y. State held in Niagara Falls, N. Y., Oct. 16, 1951.

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Bail—Ancient And Modern, Charles S. Desmond Apr 1952

Bail—Ancient And Modern, Charles S. Desmond

Buffalo Law Review

No abstract provided.

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Group Libel And Criminal Libel, Alvin M. Glick Apr 1952

Group Libel And Criminal Libel, Alvin M. Glick

Buffalo Law Review

No abstract provided.

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Criminal Law—Larceny—Criminal Intent, Charles Ryan Desmond Apr 1952

Criminal Law—Larceny—Criminal Intent, Charles Ryan Desmond

Buffalo Law Review

Morisette v. United States, 342 U. S. 246 (1952).

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Some Developments In The Law Concerning Confessions, William Wicker Apr 1952

Some Developments In The Law Concerning Confessions, William Wicker

Vanderbilt Law Review

Our system of administering criminal laws is predicated upon accusatorial rather than inquisitorial proceedings. To maintain inviolate the safeguards consonant with this principle, we have placed upon the State an ever-increasing burden in proving the commission of the crime charged. That this burden has begun to weigh heavily, and perhaps onerously, becomes unmistakably evident from a study of recent developments in the law of confessions.

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People V. Dessauer, Jesse W. Carter Mar 1952

People V. Dessauer, Jesse W. Carter

Jesse Carter Opinions

A defendant's murder trial did not violate due process where evidence was in form of transcript testimony taken at preliminary examination, agreed to by defendant's counsel and, showed that the issue of guilt and sanity were separately considered.

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Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed. Mar 1952

Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed.

Michigan Law Review

Defendant, after proper arraignment on a charge of as· sault, was questioned intermittently about and confessed to a murder. This confession, introduced at the trial in the District Court of Alaska, was instrumental in convicting the defendant of the graver charge. The court of appeals reversed because of a failure to file the murder complaint within a reasonable time. On certiorari, held, the confession, made after proper detention on a lesser charge, was legal and admissible if given freely; but case affirmed as modified on other grounds. United States v. Carignan, 342 U.S. 36, 72 S.Ct. 97 (1951).

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The Racket-Control Laws Of Virginia: A Review, William A. Redfern, Jr., Luther W. White, Iii Mar 1952

The Racket-Control Laws Of Virginia: A Review, William A. Redfern, Jr., Luther W. White, Iii

Washington and Lee Law Review

No abstract provided.

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Criminal Law-Negligent Homicide Statute-Motor Vehicle Operator Suffering From Disease Producing Unconsciousness, Bernard A. Petrie S.Ed. Mar 1952

Criminal Law-Negligent Homicide Statute-Motor Vehicle Operator Suffering From Disease Producing Unconsciousness, Bernard A. Petrie S.Ed.

Michigan Law Review

Defendant suffered a single, sudden attack of dizziness or unconsciousness. He was warned by a physician, diagnosing his condition as Meniere's Syndrome, that he might at any time, without warning, suffer another such attack. Defendant worked for a year and three months without a recurrence. Then defendant ''blacked out" while driving alone and his automobile crashed into another, causing the death of its driver. The trial judge convicted for statutory negligent homicide. On appeal, held, affirmed. Defendant's driving on a through state highway with knowledge that he might become disabled without warning met the statutory criterion of driving "carelessly …

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Books Received, Law Review Staff Feb 1952

Books Received, Law Review Staff

Vanderbilt Law Review

CHARLES EVANS HUGHES AND THE SUPREME COURT

By Samuel Hendel

New York: King's Crown Press, 1951. Pp. 337

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DUE PROCESSES OF LAW

By Virginia Wood

Baton Rouge: Louisiana State University Press, 1951. Pp. 436. $6.00.

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LEGAL AID IN THE UNITED STATES

By Emery A. Brownell

Rochester: The Lawyers Co-operative Publishing Co., 1951. Pp. 333. $4.50.

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LEVIATHAN AND NATURAL LAW

By F. Lyman Windolph

Princeton: Princeton University Press, 1951. Pp. 147. $2.50.

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OIL AND LAW

Articles reprinted from the Texas Law Review

Austin:Texas Law Review, 1951. Pp. 1736. Bound copies $15.00, unbound copies $12.00.

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PRICE POLICIES …

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Coverstone V. Davies [Dissent], Jesse W. Carter Jan 1952

Coverstone V. Davies [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because an assembly was unlawful, when police officers arrived upon the scene, they had the authority to arrest all those engaged in the commission of the unlawful act. Thus, warrantless arrests of such individuals were valid.

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Post-Trial Remedies: The Illinois Merry-Go-Round Whirls On, Earl Pollock Jan 1952