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Appeal And Error-Negligence Or Incompetence Of Counsel
Appeal And Error-Negligence Or Incompetence Of Counsel
Michigan Law Review
Defendant appealed from conviction of murder because of the incompetence and negligence of his attorney in the conduct of the trial. Held, the fact that the defendant was not properly represented by the counsel of his own choice was no ground for the court to go beyond the record and grant a new trial. People v. Hartwell (Ill. 1930) 173 N.E. 112.
Appeal And Error-Judicial Distrust Of The Jury
Appeal And Error-Judicial Distrust Of The Jury
Michigan Law Review
A statute prescribed ten years in the state penitentiary as the minimum punishment for perjury committed on the trial of an indictment for a felony. In a prosecution for this offense, the trial court erroneously charged the jury that five years was the minimum punishment, to which the defendant excepted. Held, when defendant excepts to such instruction, it is reversible error for which a new trial will be granted. Roley v. State (Okla. Crim. App. 1930) 290 Pac. 195.