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Articles 1 - 26 of 26

Full-Text Articles in Law

Criminal Procedure--Right To Counsel--Necessity That Defendant Have Aid Of An Accountant In A Complex Tax Prosecution, Tom Soyars Dec 1955

Criminal Procedure--Right To Counsel--Necessity That Defendant Have Aid Of An Accountant In A Complex Tax Prosecution, Tom Soyars

Kentucky Law Journal

No abstract provided.


Rogers V. Superior Court Of Alameda County [Dissent], Jesse W. Carter Dec 1955

Rogers V. Superior Court Of Alameda County [Dissent], Jesse W. Carter

Jesse Carter Opinions

Alternative writ of prohibition was discharged and a peremptory writ denied because there was no evidence that illegal detention of defendant produced the admissions where he proceeded in prohibition to restrain a court from further proceedings.


People V. Tarantino [Dissent], Jesse W. Carter Nov 1955

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

Jesse Carter Opinions

Defendant's convictions for two counts of extortion and for conspiracy to commit extortion were not proper. Recordings constituted a substantial and important part of the evidence and were illegally obtained.


People V. Thomas, Jesse W. Carter Oct 1955

People V. Thomas, Jesse W. Carter

Jesse Carter Opinions

Defendant's motion to vacate a judgment of conviction and withdraw a guilty plea was properly denied where defendant's counsel was fully advised of all circumstances bearing upon the degree of the crime and punishment to be imposed.


Criminal Law-Waiver Of Right Of Accused To Be Present At His Trial [Commonwealth V. Diehl, Pa. 1954] Sep 1955

Criminal Law-Waiver Of Right Of Accused To Be Present At His Trial [Commonwealth V. Diehl, Pa. 1954]

Washington and Lee Law Review

No abstract provided.


A Collapse Of International Extradition: The Lo Dolce Case Sep 1955

A Collapse Of International Extradition: The Lo Dolce Case

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Effect Of Fourteenth Amendment As According A Priviledge Against Self-Incrimination [Regan V. New York, U. S. Sup. Ct. 1955] Sep 1955

Constitutional Law-Effect Of Fourteenth Amendment As According A Priviledge Against Self-Incrimination [Regan V. New York, U. S. Sup. Ct. 1955]

Washington and Lee Law Review

No abstract provided.


Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr. Aug 1955

Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.

Vanderbilt Law Review

Homicide: In Ivy v. State' the defendant, in the course of a fight with A, stabbed B, a peacemaker, killing him. The defendant appealed his conviction of involuntary manslaughter on the theory that the evidence did not support the verdict, since it showed that the defendant was striking at A in self-defense when he unfortunately stabbed B. The court held that the jury could properly find on the evidence either that (1) the defendant, not A, was the aggressor, or (2) even if A were the aggressor, defendant was not in imminent danger or reasonably supposed danger of death or …


People V. Penny, Jesse W. Carter Jul 1955

People V. Penny, Jesse W. Carter

Jesse Carter Opinions

A conviction for involuntary manslaughter was reversed because the jury was erroneously instructed on a civil standard of negligence rather than criminal negligence and the lack of due caution and circumspection.


Insanity, Criminal Responsibility And Durham, David Oscar Williams Jr. May 1955

Insanity, Criminal Responsibility And Durham, David Oscar Williams Jr.

William and Mary Review of Virginia Law

No abstract provided.


Criminal Procedure - Proof Of Corpus Delicti By Circumstantial Evidence, W. Charles Poland May 1955

Criminal Procedure - Proof Of Corpus Delicti By Circumstantial Evidence, W. Charles Poland

William and Mary Review of Virginia Law

No abstract provided.


Criminal Procedure - Standing Of The Press To Protest Judge's Exclusion Of The Public From Criminal Trial, M. Fred Mallender, Ii S.Ed. May 1955

Criminal Procedure - Standing Of The Press To Protest Judge's Exclusion Of The Public From Criminal Trial, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

Plaintiff newspapers sent reporters to the trial of Minot Jelke. Defendant judge, exercising his discretion, excluded them as well as the general public from the courtroom when testimony dealing with the sordid details of prostitution and pandering was expected. The family and friends of the accused, along with the officers of the court, witnesses and jury were not excluded. Plaintiffs applied to the Supreme Court, Special Term, of New York County for a writ of prohibition to restrain the defendant from enforcing his order. The application for the writ was based on a statute guaranteeing the accused in a criminal …


Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey May 1955

Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey

Michigan Law Review

The defendant, an army staff sergeant, was under custody at Fort Meade, Maryland, awaiting disposition of charges of sodomy lodged against him under the Articles of War. After a delay of four months, the charges were dropped and he was shipped by the Army to Fort Jay, New York, where he was separated from the service. Immediately upon his release, he was arrested by the Federal Bureau of Investigation under a commissioner's warrant charging him with treason committed in Japan during a prior enlistment in the army. At the trial in the District Court for the Southern District of New …


Miller V. Glass [Dissent], Jesse W. Carter Apr 1955

Miller V. Glass [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because the complaint was based upon false arrest and imprisonment for a misdemeanor not committed within the presence of an officer, it was only required to allege the unlawful arrest was without process, the imprisonment, and the damage.


People V. Cavanaugh [Dissent], Jesse W. Carter Apr 1955

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

Jesse Carter Opinions

There was no error that was ground for reversal in a defendant's conviction for first-degree murder despite the prosecution's admission of other crimes allegedly admitted by the defendant and inflammatory photographs.


Bompensiero V. Superior Court Of San Diego County [Dissent], Jesse W. Carter Mar 1955

Bompensiero V. Superior Court Of San Diego County [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant was properly indicted for participating in acceptance of bribes by a public official when granting a liquor license, the superior court acted properly so the judge was not disqualified, and the statute of limitations did not bar charges.


In Re Chessman [Dissent], Jesse W. Carter Feb 1955

In Re Chessman [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because an inmate had the right to seek an order of habeas corpus that fell short of outright release from confinement, the state could appeal the order of habeas corpus relief even though the inmate had not been discharged from prison.


People V. White, Jesse W. Carter Jan 1955

People V. White, Jesse W. Carter

Jesse Carter Opinions

Defendant was denied trial by a jury drawn from a fair cross-section of the community because the practice of selecting jurors primarily from community service organizations excluded working class people from the venire, but the error was harmless.


Right Of Removal Where Third Party Impleaded - Elliott V. Larrimore Jan 1955

Right Of Removal Where Third Party Impleaded - Elliott V. Larrimore

Maryland Law Review

No abstract provided.


Constitutional Law—Effect Of Coerced Confession Held To Carry Over To Later Confession, Richard C. Wagner Jan 1955

Constitutional Law—Effect Of Coerced Confession Held To Carry Over To Later Confession, Richard C. Wagner

Buffalo Law Review

Leyra v. Denno, 347 U. S. 556 (1954).


Criminal Law—Right To Public Trial, Leonard F. Walentynowicz Jan 1955

Criminal Law—Right To Public Trial, Leonard F. Walentynowicz

Buffalo Law Review

People v. Jelke, 284 App. Div. 211, 130 N. Y. S. 2d 662 (1st Dep't 1954).


Compromise Agreement As A Bar To Suit For Malicious Prosecution - Leonard V. George Jan 1955

Compromise Agreement As A Bar To Suit For Malicious Prosecution - Leonard V. George

Maryland Law Review

No abstract provided.


Criminal Procedure--Resisting Arrest Under A Defective Warrant, Charles R. Hamm Jan 1955

Criminal Procedure--Resisting Arrest Under A Defective Warrant, Charles R. Hamm

Kentucky Law Journal

No abstract provided.


Criminal Procedure--Right To Counsel Prior To Trial, C. Gibson Downing Jr. Jan 1955

Criminal Procedure--Right To Counsel Prior To Trial, C. Gibson Downing Jr.

Kentucky Law Journal

No abstract provided.


Self-Incrimination--Historical Background Of The Doctrine, Wendell S. Williams Jan 1955

Self-Incrimination--Historical Background Of The Doctrine, Wendell S. Williams

Kentucky Law Journal

No abstract provided.


The Third Degree--Its Historical Background, The Present Law And Recommendations, Charles Richard Doyle Jan 1955

The Third Degree--Its Historical Background, The Present Law And Recommendations, Charles Richard Doyle

Kentucky Law Journal

No abstract provided.