Law Commons^™

People V. Simpson, Jesse W. Carter

Jesse Carter Opinions

An accomplice's testimony did not have to be corroborated as to every fact to which he testified when there was other corroborative evidence showing that the accomplice was telling the truth.

People V. Moore, Jesse W. Carter

Jesse Carter Opinions

The trial court's error in refusing to give instructions as to the defendant's use of self-defense was prejudicial, resulted in a miscarriage of justice, and required a reversal of the judgment and the order denying defendant a new trial.

In Re Chessman, Jesse W. Carter

Jesse Carter Opinions

A justice of the Supreme Court of California could grant a defendant's application for a stay of execution based on jurisdiction granted by a federal statute that allowed a court to grant a stay so a defendant could file a writ of certiorari.

Nonfeasance: A Threat To The Prosecutors' Discretion

Indiana Law Journal

No abstract provided.

Criminal Law—Statutes, J. A. Guzzetta

Buffalo Law Review

People v. Gould, 306 N. Y. 352, 118 N. E. 2d 553 (1954); People v. Bell et al., 306 N. Y. 110, 115 N. E. 2d 821 (1953); People v. Ressanen, 306 N. Y. 267, 117 N. E. 2d 547 (1954).

Criminal Law—Amendment Of Information, J. A. Guzzetta

Buffalo Law Review

People v. Easton, 307 N. Y. 336, 121 N. E. 2d 357 (1954).

Criminal Law—Bail, J. A. Guzzetta

Buffalo Law Review

People v. Fiannaca et al., 306 N. Y. 513, 119 N. E. 2d 363 (1954).

Criminal Law—At The Trial, J. A. Guzzetta

Buffalo Law Review

People v. Cooper et al., 307 N. Y. 253, 120 N. E. 2d 813 (1954); People v. Marshall, 306 N. Y. 223, 117 N. E. 2d 265 (1954); People v. Ramistella, 306 N. Y. 379, 118 N. E. 2d 566 (1954); People v. Gezzo, 307 N. Y. 385, 121 N. E. 2d 380 (1954); People v. Ward, 307 N. Y. 73. 120 N. E. 2d 211 (1954); People v. Harris, 306 N. Y. 345, 118 N. E. 2d 470 (1954), affirming 282 App. Div. 156, 121 N. Y. S. 2d 868 (1st Dep't 1953); People v. Foley, 307 N. Y. …

Criminal Law—After Trial, J. A. Guzzetta

Buffalo Law Review

People ex rel. Sedotto v. Jackson, 307 N. Y. 291, 121 N. E. 2d 229 (1954); People v. Omans, 306 N. Y. 379. 118 N. E. 2d 566 (1954).

Criminal Law—Grand Jury, J. A. Guzzetta

Buffalo Law Review

Schneider v. Aulisi, 307 N. Y. 376, 121 N. E. 2d 375 (1954); People v. Breslin, 306 N. Y. 294, 118 N. E. 2d 108 (1954).

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

Jesse Carter Opinions

Evidence of another crime, part of the same criminal act for which defendant was on trial, was admissible at defendant's trial.

Criminal Law And Procedure -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Most of the criminal law cases in the Tennessee courts during the past year have dealt with matters of procedure. The basic principles derived from these cases are treated in the Procedure and Evidence article of this 1954 Survey.' However, those cases of especial interest and significance will be considered here in somewhat greater detail. In addition to procedural matters there were a few cases which turned on concepts basic in the substantive law of crimes.

Substantive Law

Homicide: Tennessee has enunciated and followed a rule which states that driving an automobile while intoxicated is an act malum in se, …

In Re Chessman, Jesse W. Carter

Jesse Carter Opinions

An application for a stay of execution in a death penalty case was granted because there was evidence that the prosecuting officials fraudulently procured an inaccurate transcript for use on the appeal of the judgment.

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

Jesse Carter Opinions

Where there was prima facie proof of the existence of a conspiracy, testimony concerning a co-conspirator's statements in furtherance of the conspiracy, though made in the absence of defendant, was admissible as an exception to the hearsay rule.

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

Jesse Carter Opinions

A notice of appeal from a revocation of probation should have been liberally construed to permit a hearing on the merits and avoid a dismissal based on a technical defect or irregularity.

Hearsay And Conspiracy: A Reexamination Of The Co-Conspirators' Exception To The Hearsay Rule, Joseph H. Levie

Michigan Law Review

The expansion of the law of conspiracy and the increasing number of prosecutions for its violation have been much commented on lately. Many kinds of anti-social conduct directed principally against the public welfare are now frequently punished by prosecution for conspiracy instead of prosecution for the substantive offense. Conspiracy is an ideal way to deal with organized crime and has been used extensively against quasi-treasonous activities. Similarly the Sherman Act's criminal sanctions are primarily couched in terms of conspiracy and the civil conspiracy action for divestiture or dissolution is the usual method of enforcing the antitrust laws. This emphasis on …

Constitutional Law - Criminal Procedure - Federal Immunity Statute Applicable To State Court, Raymond R. Trombadore S.Ed.

Michigan Law Review

ln response to a summons, petitioner appeared to testify before a congressional committee investigating crime, and confessed to having run a gambling business in Maryland. This confession was used in the criminal court of Baltimore to convict petitioner of conspiring to violate the state's anti-lottery laws. The conviction was affirmed by the Court of Appeals of Maryland, which rejected petitioner's contention that use of the committee testimony was forbidden by a federal statute which provides that no testimony given by a witness in congressional inquiries "shall be used as evidence in any criminal proceeding against him in any court." On …

Hayashi V. Lorenz [Dissent], Jesse W. Carter

Jesse Carter Opinions

Plaintiffs failed to show any abuse of discretion by the trial court in dismissing their action for want of prosecution.

Gross V. Superior Court Of Los Angeles County, Jesse W. Carter

Jesse Carter Opinions

Where a committed mental patient was denied appeal of his commitment and his request for the lower court to prepare transcripts of his commitment proceedings, the patient was entitled to a writ of mandamus ordering the clerk to prepare transcripts.

People V. Wolfe, Jesse W. Carter

Jesse Carter Opinions

Remarks of the prosecuting attorney were not prejudicial to defendants because of the overwhelming evidence of defendants' guilt. A manslaughter instruction would have been improper because evidence supported first-degree murder or self-defense.

Criminal Law—Perjury Conviction Upheld Despite Grand Jury Misconduct Leading To Indictment, Anthony J. Vaccaro

Buffalo Law Review

United States v. Remington, 208 F. 2d 567 (2d Cir. 1953), cert. denied, 74 Sup. Ct. 476 (1954).

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

Jesse Carter Opinions

Where the trial court offered entrapment instruction to the jury, despite the fact that only a favorable view of the evidence supported that defense, the decision was in defendant's favor and he could not challenge the instructions on appeal.

Constitutional Law-Legislative-Power To Reduce Grade Of Criminal Offense In Order To Avoid Jury Trial, Chester F. Relyea S.Ed.

Michigan Law Review

A complaint was made in the Municipal Court of Hoboken against the defendant charging that he had willfully committed an assault and battery by spitting on another, in violation of the Disorderly Persons Law, which states: "Any person who commits an assault or an assault and battery is a disorderly person." The defendant moved to dismiss the complaint on the ground that the statute violated his constitutional right to prosecution by indictment and trial by jury. The municipal court denied the motion. On certification to the New Jersey Supreme Court, held, the statute did not wrongfully deny defendant a …

Constitutional Law - Judicial Powers - Legality Of The Grand Jury Report, Alan Reeve Hunt S.Ed.

Michigan Law Review

On December 2, 1952, a federal grand jury for the United States District Court for the Southern District of New York, in a "presentment" made to that court, took the State Department severely to task for what it considered to be a conspicuous failure in handling the problem of subversive employees, United States citizens, at the United Nations. It further charged the State Department with impeding the grand jury's progress in attempting to fix responsibility for the failure upon certain State Department officials. On October 11, 1951, the Camden County grand jury presented to the Superior Court of New Jersey …

People V. Francis, Jesse W. Carter

Jesse Carter Opinions

Defendant's motion to withdraw his guilty plea to passing a check without sufficient funds with intent to defraud was properly denied because the evidence was in the probation report and considerable time had expired since entry of the plea.

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

Jesse Carter Opinions

A criminal defendant's murder conviction was affirmed by the court because his guilt was established by substantial evidence and also because his intoxication during confession did not render that confession involuntary.

Criminal Procedure - Standing Of The Press To Protest Exclusion Of Public From Criminal Trial By Order Of The Trial Judge, M. Fred Mallender, Ii

Michigan Law Review

Defendant judge, believing that great harm to public morals and decency was to be apprehended from the testimony in the vice trial of Minot F. Jelke, exercised his discretion to exclude the general public including plaintiff newspapers from the court room during the state's case. The family and friends of the accused along with officers of the court, witnesses, and jury were not excluded. The plaintiffs applied for a writ of prohibition to restrain the defendant from enforcing his order. The court denied the application on the grounds that the defendant judge had the power to make the exclusion order …