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Articles 1 - 7 of 7
Full-Text Articles in Law
Practice And Procedure - Reversal On Confession Of Error By Prosecutor
Practice And Procedure - Reversal On Confession Of Error By Prosecutor
Michigan Law Review
On appeal accused assigned as error the failure of the trial court to sustain his motion for a directed verdict of not guilty. The prosecutor, convinced by facts dehors the record of the innocence of the accused, confessed error. Held, confession of error does not per se justify reversal; the court must find error in the record. Parlton v. United States, (App. D. C. 1935) 75 F. (2d) 772.
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
Michigan Law Review
For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.
Criminal Law And Procedure - Right Of Accused To Be Present At Trial
Criminal Law And Procedure - Right Of Accused To Be Present At Trial
Michigan Law Review
In a prosecution for bank robbery, testimony of a witness which did not connect the accused with the crime and merely served to qualify the witness was received during the unnoticed and involuntary absence of the accused. No objection was made by the counsel for the accused who was present at the time. When the accused's absence was discovered, the motion of counsel that the cause be withdrawn from the jury was overruled and the court admonished the jury not to consider the testimony. Appellant contended that he had been denied a right and that therefore injury must be presumed. …
Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile
Michigan Law Review
The recent decision of the Supreme Judicial Court of Massachusetts in the case of Commonwealth v. Ober has brought to the fore a serious administrative problem arising out of the enforcement of traffic regulations. The problem is particularly acute in the illegal parking cases. Here it is usually impossible for the policeman to do more than tag the car, take down its registration number, and institute proceedings against the registered owner. The difficulty also often occurs in many other situations such as driving through red lights or stop streets where the offense is observed by a patrolman standing near by …
Criminal Law And Procedure - Statute Of Limitations - Time Of Commission Of Offense Matter Of Defense Or Of Jurisdiction
Michigan Law Review
Defendant pleaded guilty to rape and was sentenced to imprisonment upon an indictment which showed upon its face that the period allowed by the statute of limitations had elapsed since the offense charged had been committed, and there were no allegations setting forth an exception to the running of the statute. Later, defendant moved to set aside the judgment on the ground that the court lacked jurisdiction. Held, the judgment was void and the defendant should be released. People v. McGee, (Cal. 1934) 36 Pac. (2d) 378.
Criminal Law And Procedure-Admissibility Of Evidence-Rule As To Determination Of Preliminary Question Of Fact
Michigan Law Review
Following his arrest for murder, the defendant was held thirty-six hours before being arraigned for the purpose of obtaining a confession. On trial the defendant objected to introduction of the confession on the ground that it was involuntary, having been induced by wrongful detention and beating by the police. Held, failure, after due request, to instruct the jury that unnecessary delay in arraignment is prohibited by law and that such delay might be considered in determining whether or not the confession was voluntary was reversible error. People v. Alex, (N. Y. 1934) 192 N. E. 289.
Criminal Law And Procedure - Inexperience Of Defense Attorney As Denial Of Fair Trial
Criminal Law And Procedure - Inexperience Of Defense Attorney As Denial Of Fair Trial
Michigan Law Review
Defendant was convicted of first degree murder and sentenced to be electrocuted. He now claims he was denied a fair trial as the attorney appointed by the circuit court to defend him was inexperienced, having practiced only thirteen months. Held, that inasmuch as the nature and extent of the attorney's practice was not shown and the record showed the defense was carried on in a highly creditable manner, the inexperience of defendant's attorney was not a denial of a fair trial. McGuire v. State, ( Ark. 1934) 74 S. w. (2d) 235.