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Proposed Criminal Code Changes For Kentucky As Recommended In The Report In 1934 Of The Kentucky State Bar Association's Committee On The Code Of Criminal Procedure Of The American Law Institute, John A. Geyer, George T. Skinner Jan 1935

Proposed Criminal Code Changes For Kentucky As Recommended In The Report In 1934 Of The Kentucky State Bar Association's Committee On The Code Of Criminal Procedure Of The American Law Institute, John A. Geyer, George T. Skinner

Kentucky Law Journal

No abstract provided.

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Criminal Law And Procedure-Admissibility Of Evidence-Rule As To Determination Of Preliminary Question Of Fact Jan 1935

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.

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Criminal Law And Procedure - Inexperience Of Defense Attorney As Denial Of Fair Trial Jan 1935

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.

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Appel And Error--Law Of The Case--Second Appeal, Herschel H. Rose Jr. Dec 1934

Appel And Error--Law Of The Case--Second Appeal, Herschel H. Rose Jr.

West Virginia Law Review

No abstract provided.

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Criminal Law And Procedure - Right Of Defendant To Accompany Jury On View-Due Process Dec 1934

Criminal Law And Procedure - Right Of Defendant To Accompany Jury On View-Due Process

Michigan Law Review

During the trial of appellant in the Massachusetts courts for murder the jury was sent to view the scene of the crime. The accused asked that he be allowed to accompany them, invoking the protection of the Fourteenth Amendment. Permission was refused. At the view, judge and counsel being present, a stipulation was entered into as to changes which had occurred since the crime. Upon conviction, appellant appealed to the United States Supreme Court asserting that there had been a denial of due process. Held, four justices dissenting, that there had been no denial of due process since no …

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Prosecution Appeals In West Virginia, Frank E. Horack Jr. Dec 1934

Prosecution Appeals In West Virginia, Frank E. Horack Jr.

West Virginia Law Review

No abstract provided.

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Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case Dec 1934

Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case

Michigan Law Review

The defendant, being tried in a federal district court on an indictment for conspiracy to violate the prohibition law, offered his wife as a witness in his behalf. The district court, following what it concluded to be the established rule of the federal courts, refused to allow her to testify. The circuit court of appeals affirmed this ruling without discussing the point. Certiorari was granted by the Supreme Court, limited to the question as to what law was applicable in determining the competency of the wife. Held, that the federal courts have the power to determine for themselves the …

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Criminal Law And Procedure - Instruction As To The Reasonable Doubt Of Each Juror Nov 1934

Criminal Law And Procedure - Instruction As To The Reasonable Doubt Of Each Juror

Michigan Law Review

The accused in a criminal prosecution requested, in addition to a general charge on reasonable doubt, an instruction stating, "The court instructs the jury that if after the consideration of the whole case, any juror entertains a reasonable doubt of the defendant's guilt it is the duty of such juror so entertaining such doubt, not to vote for a verdict of guilty, or be influenced in so voting for the single reason that a majority of the jury might be in favor of a verdict of guilty:" This instruction was refused and the defendant appealed from his conviction. Held, …

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Trial--Instructions--Unanimity Of The Jury Verdict, Richard F. Currence Jun 1934

Trial--Instructions--Unanimity Of The Jury Verdict, Richard F. Currence

West Virginia Law Review

No abstract provided.

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Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment Mar 1934

Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment

Michigan Law Review

Defendants Chambers and Gibson were indicted on June 5, 1933, for conspiracy to violate the National Prohibition Act, and for possessing and transporting liquor in violation of the Act. Chambers pleaded guilty, and the case was continued to the December term. The case was called for trial as to Gibson on December 6, 1933. Chambers filed a plea in abatement, and Gibson demurred to the indictment. Held, the repeal of the Eighteenth Amendment, by the adoption of the Twenty-first, proclaimed December 5, 1933, barred further prosecution. United States v. Chambers and Gibson, (U.S. Sup. Ct. 1934) 1 U.S. …

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Verdict--Juror's Assent--What Constitutes, Paul D. Farr Feb 1934

Verdict--Juror's Assent--What Constitutes, Paul D. Farr

West Virginia Law Review

No abstract provided.

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Criminal Law And Procedure-Former Jeopardy-Tests Of "Same Offence Feb 1934

Criminal Law And Procedure-Former Jeopardy-Tests Of "Same Offence

Michigan Law Review

The provision in the state and federal constitutions that one may not be put in jeopardy twice for the same offense is merely declaratory of the common law, and is in effect in all jurisdictions. However, there is often great difficulty in determining when offenses are the same. Several tests to determine the identity of offenses have been employed.

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New Rules Of The Supreme Court, Bernard C. Gavit Jan 1934

New Rules Of The Supreme Court, Bernard C. Gavit

Indiana Law Journal

No abstract provided.

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Prosecution Appeals In West Virginia, Frank Edward Horack Jr. Jan 1934

Prosecution Appeals In West Virginia, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

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Criminal Law--Judicial Comment Constituting Prejudicial Error, Robert W. Burk Dec 1933

Criminal Law--Judicial Comment Constituting Prejudicial Error, Robert W. Burk

West Virginia Law Review

No abstract provided.

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Effect Of New Trial On Plea Of Autrefois Acquit, Berkeley Minor Jr. Dec 1933

Effect Of New Trial On Plea Of Autrefois Acquit, Berkeley Minor Jr.

West Virginia Law Review

No abstract provided.

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West Virginia Cases On Criminal Procedure, Charles P. Wilhelm Dec 1933

West Virginia Cases On Criminal Procedure, Charles P. Wilhelm

West Virginia Law Review

No abstract provided.

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Ways In Which It Is Possible For The Federal Bureau Of Investigation To Assist State Law Enforcement Officers, H. H. Reinecke Oct 1933

Ways In Which It Is Possible For The Federal Bureau Of Investigation To Assist State Law Enforcement Officers, H. H. Reinecke

Indiana Law Journal

Address by H. H. Reinecke, Special Agent in charge of Federal Law Enforcement in Indiana, before the Indiana State Bar Association, September 6, 1935.

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Criminal Law And Procedure - Indictments - Resubmission To Grand Jury Jun 1933

Criminal Law And Procedure - Indictments - Resubmission To Grand Jury

Michigan Law Review

The defendant was charged with criminal homicide but the grand jury refused to find a true bill. Two more bills were sent to the grand jury, identical in terms with the first. The third was returned a true bill. Defendant claimed error in overruling his motion to quash the indictment. Held, the motion to quash the indictment should have been granted as the subsequent bills were improper. State v. Ledford, (N. C. 1932) 166 S. E. 917.

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Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance Jun 1933

Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance

Michigan Law Review

At the suit of X Traction Company defendants had been enjoined from operating busses along streets upon which plaintiff operated its cars. The latter .filed an information in the name of the State charging the defendants with wilful violation of the restraining order, and moved for an attachment for contempt, and for the infliction of "such penalties as are or may be necessary to compel observance." Defendants filed motions to discharge, and also answers for the purpose of purging themselves of the alleged contempt. Upon trial, at which evidence was received, the court found defendants guilty, and levied fines. Defendants …

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Criminal Law And Procedure - Conspiracy - Conviction Of Woman Transported In Violation Of Mann Act May 1933

Criminal Law And Procedure - Conspiracy - Conviction Of Woman Transported In Violation Of Mann Act

Michigan Law Review

Defendants, a man and woman, were indicted and convicted under the conspiracy statute for conspiring together to violate the Mann Act, the only evidence of the woman's cooperation being her mere consent to transportation for immoral purposes. The conviction was affirmed by the court of appeals, and reversed by the Supreme Court of the United States on the ground that the evidence was insufficient to support the conviction of the woman. Gebardi v. United States, (U.S. 1932), 53 Sup. Ct. 35.

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Criminal Law And Procedure-Instructions To Jury May 1933

Criminal Law And Procedure-Instructions To Jury

Michigan Law Review

Defendant was indicted for unlawful possession of liquor. He offered no substantial defense, and the trial judge, in charging the jury, said that while they were sole judges of the facts, "that on the undisputed evidence this man is guilty, and it is your duty to convict him." On appeal, the circuit court held that the charge, while drastic, was not error, as there were no controverted facts, and hence nothing for the jury to do but convict. United States v. Notto, (C. C. A. 2d, 1932) 61 F. (2d) 781.

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Procedure Under The Uniform Declaratory Judgment Act, Bernard C. Gavit Apr 1933

Procedure Under The Uniform Declaratory Judgment Act, Bernard C. Gavit

Indiana Law Journal

No abstract provided.

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Public Policy And The Arrest Of Felons, John Barker Waite Apr 1933

Public Policy And The Arrest Of Felons, John Barker Waite

Michigan Law Review

Under the judicial rulings of a score of States, it may happen that a man is arrested for the crime of carrying concealed weapons, that irrefutable evidence of guilt is found upon him, and that he nevertheless evades conviction and punishment because the courts will not permit the evidence to be used. It not only may happen; it does actually occur with shocking and incredible frequency. Yet oddly enough this practice appears to be in flat conflict with the statute law of some of those States and with the provisions of the model Code of Criminal Procedure recently approved by …

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Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases Apr 1933

Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases

Michigan Law Review

The defendant was indicted under a criminal statute making it a misdemeanor for agents and officers to transact business for any foreign corporation which had failed to comply with certain statutory requirements for conducting business in Maryland. The trial judge instructed the jury that if they believed the evidence to he true he was of the opinion that the defendant was an agent within the meaning of the statute. He cautioned them, however, that they were by article 15, sec. 5, of the constitution made judges of the law as well as fact and that his opinion as to the …

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Criminal Law And Procedure - Perjury As Contempt-Statutory Construction Apr 1933

Criminal Law And Procedure - Perjury As Contempt-Statutory Construction

Michigan Law Review

Defendant was summoned for jury duty in a celebrated mail fraud case. On voir dire examination she deliberately concealed the fact that at one time the defendants had been her employers, and falsely stated that her mind was free from bias. Accepted as a juror, she attempted to discredit the government's case to fellow jurors, refused to listen to their arguments, and after one week's deliberation in the jury room continued to cast the only vote for acquittal. Held, that this conduct was a contempt of court in that it was an obstruction of the processes of justice. Clark …

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Jury-Evidence-Privilege Of Jury Deliberations Apr 1933

Jury-Evidence-Privilege Of Jury Deliberations

Michigan Law Review

The extent to which affidavits of jurors anent proceedings in the jury room can be used, when not aimed at impeaching their verdict, is a question upon which there is little affirmative authority. The law seems clear since Bushell's case that a juror cannot be punished for his finding of fact; what is more, his vote within the jury room as well as his debates seem to be privileged absolutely on grounds of policy.

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Intoxicating Liquors - Nuisance -Abatement Mar 1933

Intoxicating Liquors - Nuisance -Abatement

Michigan Law Review

Section 22 of the National Prohibition Act provides that premises used for purposes in violation of the act, such as the sale of intoxicating liquor, may be declared a common nuisance which may be enjoined in equity, and that the premises may be closed for one year. Process was served on the defendant who was the bartender in a "speakeasy," and the place was declared a common nuisance and padlocked for one year. The lessee of the premises, who was the proprietor of the business, appeared specially to vacate that part of the decree which directed the closing of the …

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Criminal Law And Procedure-Jury Mar 1933

Criminal Law And Procedure-Jury

Michigan Law Review

In examining a prospective juror in a homicide case, the court asked him whether he had formed and expressed an opinion as to the guilt or innocence of the prisoner at the bar from having seen the crime committed or having heard any of the evidence delivered on oath. The venireman "shook his head and said no," but added that he had heard the case discussed a good deal and would rather not serve. Held, that he was not disqualified. Smallwood v. State, (Ga. App. 1932) 165 S. E. 476.

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Criminal Law And Procedure - Sufficiency Of Information Mar 1933

Criminal Law And Procedure - Sufficiency Of Information

Michigan Law Review

In an information for murder, after a definite statement of time and place it was charged that the defendant "did then and there . . . shoot, wound and kill" the deceased. On appeal from the order of the lower court overruling his demurrer to the information, the defendant contended that the information was defective in that it failed to allege death within a year and a day or that the deceased died in the county where the information was filed. Held, both time and place were sufficiently stated and the demurrer was properly overruled. State v. Stone, …

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