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Articles 25561 - 25590 of 27949
Full-Text Articles in Law
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Michigan Law Review
The recent efforts on the part of state legislatures to increase the effectiveness of their criminal codes has resulted in extending the use of the statutory presumption to new fields of criminal law. The reaction which necessarily follows such an innovation upon traditional practice has appeared in the form of renewed attacks upon the constitutionality of the device, accompanied by the usual expressions of alarm concerning the "threat to liberty" that lurks in the use of this "mechanistic" instrument of "arbitrary oppression."
The Modern Felony Murder Doctrine, J. G. Clark
The Modern Felony Murder Doctrine, J. G. Clark
Kentucky Law Journal
No abstract provided.
The Felony Murder Doctrine Distinguished From Criminal Negligence, J. Wirt Turner Jr.
The Felony Murder Doctrine Distinguished From Criminal Negligence, J. Wirt Turner Jr.
Kentucky Law Journal
No abstract provided.
Equity--Injunction Against An Act Also A Crime, Alan Roth Vogeler
Equity--Injunction Against An Act Also A Crime, Alan Roth Vogeler
Kentucky Law Journal
No abstract provided.
Criminal Law--The Deadly Weapon Doctrine--The Hands As Deadly Weapons, J. Wirt Turner Jr.
Criminal Law--The Deadly Weapon Doctrine--The Hands As Deadly Weapons, J. Wirt Turner Jr.
Kentucky Law Journal
No abstract provided.
Homicide--Is Knowledge Of Danger Necessary In Murder By A Dangerous Act?, J. Wirt Turner Jr.
Homicide--Is Knowledge Of Danger Necessary In Murder By A Dangerous Act?, J. Wirt Turner Jr.
Kentucky Law Journal
No abstract provided.
Criminal Law--The Felony Murder Doctrine In Kentucky, J. Granville Clark
Criminal Law--The Felony Murder Doctrine In Kentucky, J. Granville Clark
Kentucky Law Journal
No abstract provided.
Criminal Law--Conspiracy And The Felony Murder Doctrine In Kentucky, J. Wirt Turner Jr.
Criminal Law--Conspiracy And The Felony Murder Doctrine In Kentucky, J. Wirt Turner Jr.
Kentucky Law Journal
No abstract provided.
Criminal Law And Procedure - Interpretation Of Statute, Michigan Law Review
Criminal Law And Procedure - Interpretation Of Statute, Michigan Law Review
Michigan Law Review
Convicted of the statutory crime of falsely uttering a bank check, defendant appealed on the ground that the instrument in question was a promissory note. It was in appearance and form a check except for the substitution of "will pay" for "pay" and the addition of the words "payable at" before the name of the bank. Held, affirmed, the court construing the instrument as a check. State v. Doudna, (Iowa, 1939) 284 N. W. 113.
Assault And Battery - Intent To Harm - Negligence - Liability For Injury To An Allergic Person, Michigan Law Review
Assault And Battery - Intent To Harm - Negligence - Liability For Injury To An Allergic Person, Michigan Law Review
Michigan Law Review
Defendant's agent conducted in plaintiff's store a demonstration of a fly-spray, manufactured by another company, intending to interest plaintiff in retailing it. The spray was placed in an electric difusor which gave off a fly-killing vapor. Plaintiff's wife, unknown to defendant, was allergic to pyrethrum, an ingredient of the spray, and became violently ill upon coming in contact with the vapor. An action for assault and battery was brought. Held, defendant was not liable in the absence of an intent to do harm. Brabazon v. Joannes Bros. Co., (Wis. 1939) 286 N. W. 21.
Evidence - Criminal Law And Procedure - Admissibility Of Recording Made On Device At Receiving End Of Telephone Conversation, William H. Klein
Evidence - Criminal Law And Procedure - Admissibility Of Recording Made On Device At Receiving End Of Telephone Conversation, William H. Klein
Michigan Law Review
In a prosecution for conspiracy to violate the narcotic laws, defendant objected to the admission of a recorded telephone conversation between himself and an informer, taken down by the latter on a device attached to the receiver. Defendant contended that this was inadmissible under the rule of Nardone v. United States. Held, the evidence was not intercepted, therefore not within the purview of the Federal Communications Act and, consequently, admissible despite the Nardone decision. United States v. Yee Ping Jong, (D. C. Pa. 1939) 26 F. Supp. 69.
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Michigan Law Review
May an overruling decision be applied to ascertain the legal effect of prior conduct? In cases arising under the diversity of citizenship jurisdiction, the United States Supreme Court has held that the federal courts should apply earlier state court decisions, and not a decision overruling them, whenever the retroactive application of the new rule would adversely affect a party who had changed his position in reliance on the decisions overruled. In the absence of such reliance and change of position it has sustained the retroactive application of a new rule. If the basis of the first principle is elemental fairness …
Preparation For Crime As A Criminal Attempt, John S. Strahorn, Jr.
Preparation For Crime As A Criminal Attempt, John S. Strahorn, Jr.
Washington and Lee Law Review
No abstract provided.
Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen
Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen
Michigan Law Review
On an information charging the possession of "a certain habit forming drug, to wit: Marijuana . . . in violation of section 158, Chapter 91, Illinois Revised Statutes (1935)," defendant was convicted in the municipal court of Chicago. The Illinois adoption of the Uniform Narcotic Drug Act made the possession of "any narcotic drug" unlawful; defined "narcotic drugs" to include "cannabis"; and stated that "Cannabis includes the following substances, under whatever names they may be designated: (a) The dried flowering or fruiting tops of the pistillate plant Cannabis Sativa L.," from which the resin has not been extracted; (b) the …
Aliens - Deportation - Crimes Involving Moral Turpitude, John H. Uhl
Aliens - Deportation - Crimes Involving Moral Turpitude, John H. Uhl
Michigan Law Review
The petitioner in this case was an alien who had been convicted of smuggling into and concealing within the United States illegally imported alcohol. He was sentenced to serve a year and a day in a federal penitentiary. Upon his release, he was arrested and ordered deported under the Immigration Act of 1917, as an alien who after February 5, 1917 was sentenced to imprisonment for a term of more than a year because of conviction in this country of a crime involving moral turpitude, committed within five years after his entry to the United States. Petitioner seeks release on …
Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review
Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review
Michigan Law Review
After all the evidence had been produced for the jury's consideration in a murder trial, defendant's counsel moved to reopen the case and be permitted to take defendant to a laboratory to be examined under a pathometer, or lie detector. Held, that as the court could not take judicial notice that the instrument was or was not effective for determining the truth, because the record gave no indication of general scientific recognition, the motion was denied. People v. Forte, 279 N. Y. 204, 18 N. E. (2d) 31, affg. (King Co. Ct. 1938) 4 N. Y. S. (2d) …
Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review
Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review
Michigan Law Review
After conviction of rape allegedly committed upon defendant's thirteen year old daughter, defendant, on motion for new trial, produced an affidavit of the daughter recanting the testimony against defendant which the daughter had given at the trial. Held, the trial court did not abuse its discretion in refusing to grant a new trial. Sutton v. State, (Ark. 1938) 122 S. W. (2d) 617.
Criminal Law: Effect Of An Impossible Future Date In An Indictment
Criminal Law: Effect Of An Impossible Future Date In An Indictment
Indiana Law Journal
No abstract provided.
Arrest--Mistaken Identity--Liability Of Officer Without Warrant Attempting To Apprehend Known Felon, W. E. N.
Arrest--Mistaken Identity--Liability Of Officer Without Warrant Attempting To Apprehend Known Felon, W. E. N.
West Virginia Law Review
No abstract provided.
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Michigan Law Review
The sex offender has become an acute problem. Sociologists, psychiatrists, and lawyers sensing the imperative need for action have devoted much time and thought to the questions involved. Experience has shown that the sex offender is generally a recidivist; he has to be arrested and committed repeatedly for the same type of crimes. The point is graphically illustrated by the case of a man, fifty-nine years of age, arrested recently in Detroit for a sex offense involving a youth. An examination of his record showed that he had been arrested in 1899, when twenty-one years of age, on charges involving …
Criminal Appeals In America -- A Book Review, James J. Robinson
Criminal Appeals In America -- A Book Review, James J. Robinson
Articles by Maurer Faculty
No abstract provided.
The Enforceability Of Prize Fight Statutes, Elmer M. Million
The Enforceability Of Prize Fight Statutes, Elmer M. Million
Kentucky Law Journal
No abstract provided.
Homicide--Burden Of Proof When Defense Is Insanity, James D. Allen
Homicide--Burden Of Proof When Defense Is Insanity, James D. Allen
Kentucky Law Journal
No abstract provided.
Prevention Of Juvenile Delinquency And Crime In Austria, Jur. Ilse Lukas
Prevention Of Juvenile Delinquency And Crime In Austria, Jur. Ilse Lukas
Journal of Criminal Law and Criminology
No abstract provided.
Recent Developments In Criminal Law, Henry J. Fox
Recent Developments In Criminal Law, Henry J. Fox
Journal of Criminal Law and Criminology
No abstract provided.
Introduction, Walter Friedlander, W. Abraham Goldberg
Introduction, Walter Friedlander, W. Abraham Goldberg
Journal of Criminal Law and Criminology
No abstract provided.
Some Differences In Attitudes Between Groups Of Repeating Criminals And Of First Offenders, Ruth Sherman Tolman
Some Differences In Attitudes Between Groups Of Repeating Criminals And Of First Offenders, Ruth Sherman Tolman
Journal of Criminal Law and Criminology
No abstract provided.