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Criminal Procedure

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Articles 11491 - 11520 of 12070

Full-Text Articles in Law

Constitutional Law - Criminal Procedure - Successive State Prosecutions For Same Activity, Robert L. Bombaugh Jan 1959

Constitutional Law - Criminal Procedure - Successive State Prosecutions For Same Activity, Robert L. Bombaugh

Michigan Law Review

Petitioner suspected of having robbed five persons on a single occasion. was indicted and tried for the robbery of three of them. His sole defense was alibi and he was acquitted when only one of the five victims identified him as the robber. Petitioner was then tried under an indictment for the robbery of a fourth victim. Petitioner interposed the same defense but was convicted at this second trial. The New Jersey Supreme Court affirmed. On certiorari to the United States Supreme Court, held, affirmed, three justices dissenting. Neither the successive trials nor the failure of the court to …


Recent Decision Note, Thomas L. Shaffer Jan 1959

Recent Decision Note, Thomas L. Shaffer

Journal Articles

Petitioner was arrested without a warrant by a federal narcotics agent. Sole justification for the arrest, pursuant to the Narcotics Control Act of 1956, was information from a paid informer of the Narcotics Bureau who had proved reliable during six months of association with arresting officers. The informer's description of the petitioner, including dress, baggage, and manner of walking, and his prediction of the petitioner's time of arrival at the point of arrest, were detailed and accurate. The arresting officers searched petitioner immediately after the arrest and seized narcotics and implements used in narcotics addiction. At trial petitioner moved to …


Book Review, Lee E. Skeel Jan 1959

Book Review, Lee E. Skeel

Cleveland State Law Review

Reviewing Equal Justice for the Accused, Doubleday and Company, 1959


Capital Punishment Reconsidered, William O. Reichert Jan 1959

Capital Punishment Reconsidered, William O. Reichert

Kentucky Law Journal

No abstract provided.


Change Of Venue And Venire In Kentucky, Jerry Fuller Jan 1959

Change Of Venue And Venire In Kentucky, Jerry Fuller

Kentucky Law Journal

No abstract provided.


The Discovery And Production Of Grand Jury Proceedings - United States V. The Proctor And Gamble Company Et Al., Joseph A. Matera Jan 1959

The Discovery And Production Of Grand Jury Proceedings - United States V. The Proctor And Gamble Company Et Al., Joseph A. Matera

Maryland Law Review

No abstract provided.


Is The Grand Jury Necessary?, James P. Whyte Jr. Jan 1959

Is The Grand Jury Necessary?, James P. Whyte Jr.

Faculty Publications

No abstract provided.


Criminal Procedure--Right To Counsel Prior To Trial, G. D. G. Dec 1958

Criminal Procedure--Right To Counsel Prior To Trial, G. D. G.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, A. G. H. Dec 1958

Abstracts Of Recent Cases, A. G. H.

West Virginia Law Review

No abstract provided.


Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed. Dec 1958

Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.

Michigan Law Review

Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …


Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume Dec 1958

Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume

Michigan Law Review

The area north and east of Lake Michigan, organized in 1805 as Michigan Territory, was first organized in 1796 as Wayne County of the Northwest Territory. In 1800 the western half of the county, and in 1803 the eastern half, became parts of Indiana Territory, and so remained until July 1805. In 1818 Michigan Territory was expanded westward so as to include all of the area north of Illinois to the Mississippi River.


Former Jeopardy On Retrial, Lawrence M. Ross Nov 1958

Former Jeopardy On Retrial, Lawrence M. Ross

Washington Law Review

The Supreme Court of the United States, in Green v. United States, was for the first time squarely presented with a much-debated and much-litigated question involving former jeopardy. Defendant Green was indicted on two counts, the first alleging arson and the second, the death of a woman resulting from that arson. If the defendant were guilty of arson and the arson caused the death of the woman, it would clearly amount to murder in the first degree under the felony-murder doctrine, as provided in Washington, D.C., Code 22-2401. The trial court, mistakenly believing that second degree murder was a lesser-included …


Scientific Investigation And Defendants' Rights, B. J. George Jr. Nov 1958

Scientific Investigation And Defendants' Rights, B. J. George Jr.

Michigan Law Review

Advances in science, medicine and industry have made much of the world a more pleasant place in which to live. In general more men are living a physically more satisfying life in more comfortable surroundings than preceding generations. But with this has come a parallel increase in criminality to the point that the term "crime wave" is heard with increasing frequency. Many crimes are facilitated in their commission by adaption or application of new scientific discoveries by criminal elements. A natural consequence is that already overburdened police departments turn as quickly as is financially possible to new scientific techniques in …


Criminal Law—Reindictment After Reversal Of Conviction Not Double Jeopardy, Buffalo Law Review Oct 1958

Criminal Law—Reindictment After Reversal Of Conviction Not Double Jeopardy, Buffalo Law Review

Buffalo Law Review

People v. Ercole, 4 N.Y.2d 617, 176 N.Y.S.2d 649 (1958).


Criminal Law—Power Of Parole Board To Suspend Sentence, Buffalo Law Review Oct 1958

Criminal Law—Power Of Parole Board To Suspend Sentence, Buffalo Law Review

Buffalo Law Review

People ex. rel. Kenny v. Jackson, 4 N.Y.2d 229, 173 N.Y.S.2d 591 (1958).


Criminal Law—Insufficiency Of Information Which Did Not State Sources And Grounds Of Belief, Buffalo Law Review Oct 1958

Criminal Law—Insufficiency Of Information Which Did Not State Sources And Grounds Of Belief, Buffalo Law Review

Buffalo Law Review

People v. James, 4 N.Y.2d 482, 176 N.Y.S.2d 323 (1958).


Criminal Law—Sufficiency Of Indictment, Buffalo Law Review Oct 1958

Criminal Law—Sufficiency Of Indictment, Buffalo Law Review

Buffalo Law Review

People v. Lieberman, 3 N.Y.2d 649, 171 N.Y.S.2d 73 (1958).


Criminal Law—Validity Of Plea Made On Sunday, Buffalo Law Review Oct 1958

Criminal Law—Validity Of Plea Made On Sunday, Buffalo Law Review

Buffalo Law Review

People v. Reedy, 4 N.Y.2d 123, 173 N.Y.S.2d 1 (1958).


Criminal Law—Personal Summation By Defendant Not Allowed When Represented By Attorney, Buffalo Law Review Oct 1958

Criminal Law—Personal Summation By Defendant Not Allowed When Represented By Attorney, Buffalo Law Review

Buffalo Law Review

People v. Richardson, 4 N.Y.2d 224, 173 N.Y.S.2d 587 (1958).


Criminal Law—Right To Counsel—Burden Of Proof Of Deprivation, Buffalo Law Review Oct 1958

Criminal Law—Right To Counsel—Burden Of Proof Of Deprivation, Buffalo Law Review

Buffalo Law Review

People v. Prior, 4 N.Y.2d 70, 172 N.Y.S.2d 155 (1958).


Criminal Law—Testimony Of Accomplice Not Corroborating Evidence For Conviction, Buffalo Law Review Oct 1958

Criminal Law—Testimony Of Accomplice Not Corroborating Evidence For Conviction, Buffalo Law Review

Buffalo Law Review

People v. Malizia, 4 N.Y.2d 22, 171 N.Y.S.2d 844 (1958).


Criminal Law—Sufficiency Of Indictment, Buffalo Law Review Oct 1958

Criminal Law—Sufficiency Of Indictment, Buffalo Law Review

Buffalo Law Review

People v. Kirkup, 4 N.Y.2d 209, 173 N.Y.S.2d 574 (1958).


Criminal Law—Waiver Of Jury Trial, Buffalo Law Review Oct 1958

Criminal Law—Waiver Of Jury Trial, Buffalo Law Review

Buffalo Law Review

People v. Carroll, 3 N.Y.2d 686, 171 N.Y.S.2d 812 (1958).


Criminal Law—Coram Nobis, Buffalo Law Review Oct 1958

Criminal Law—Coram Nobis, Buffalo Law Review

Buffalo Law Review

People v. Sullivan, 4 N.Y.2d 472, 176 N.Y.S.2d 316 (1958); People v. Picciotti, 4 N.Y.2d 340, 175 N.Y.S.2d 32 (1958).


Criminal Law—Power Of Grand Jury, Buffalo Law Review Oct 1958

Criminal Law—Power Of Grand Jury, Buffalo Law Review

Buffalo Law Review

People v. Ryback, 3 N.Y.2d 467, 168 N.Y.S.2d 945 (1957); People v. Stern, 3 N.Y.2d 658, 171 N.Y.S.2d 265 (1957).


Criminal Law—Sufficiency Of Indictment Based Upon Coerced Confession, Buffalo Law Review Oct 1958

Criminal Law—Sufficiency Of Indictment Based Upon Coerced Confession, Buffalo Law Review

Buffalo Law Review

People v. Caminito, 3 N.Y.2d 596, 170 N.Y.S.2d 799 (1958).


Criminal Law—Sufficiency Of Indictment—Motion To Inspect, Buffalo Law Review Oct 1958

Criminal Law—Sufficiency Of Indictment—Motion To Inspect, Buffalo Law Review

Buffalo Law Review

People v. Howell, 3 N.Y.2d 672, 171 N.Y.S.2d 801 (1958).


A Double Jeopardy Dilemma In The Federal Courts Sep 1958

A Double Jeopardy Dilemma In The Federal Courts

Washington and Lee Law Review

No abstract provided.


Extent Of Washington Criminal Jurisdiction Over Indians, Allen Lane Carr, Stanley M. Johanson Sep 1958

Extent Of Washington Criminal Jurisdiction Over Indians, Allen Lane Carr, Stanley M. Johanson

Washington Law Review

The case of In re Andy, a 1956 decision of the Washington Supreme Court, demonstrated that there are approximately 15,000 persons in the state of Washington who are not amenable to criminal prosecution under state law in certain situations, and in many instances are not amenable to either state or federal prosecution. These 15,000 persons are the Indians who live in our state but who reside in "Indian country" and have retained their status as wards of the federal government. The problem of investigating and prosecuting crimes committed by these Indians has confronted and frustrated both state and federal law …


Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley Sep 1958

Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley

Washington Law Review

The purpose of this comment is to examine and analyze a group of recent decisions wherein persons convicted by state courts have sought writs of habeas corpus in federal district courts on the ground that the incompetence of counsel representing them at trial worked a deprivation of rights secured by the United States Constitution.