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Articles 11971 - 12000 of 12064
Full-Text Articles in Law
Appeal And Error- Crimes - Evidence Not Objected To At Trial
Appeal And Error- Crimes - Evidence Not Objected To At Trial
Michigan Law Review
The defendant was convicted of murder in the first degree. At the trial, certain incompetent testimony was placed in evidence by the prosecution, to which the defendant's attorney failed to object. The point was sought to be raised on appeal under N. J. Comp. Stat. 1910 sec. 136, which provides that, in criminal cases, if "the plaintiff in error on the trial below suffered manifest wrong or injury, either in the admission or rejection of testimony, whether objection was made thereto or not * * * the appellate court shall remedy such wrong or injury * * * and order …
Appeal And Error-Negligence Or Incompetence Of Counsel
Appeal And Error-Negligence Or Incompetence Of Counsel
Michigan Law Review
Defendant appealed from conviction of murder because of the incompetence and negligence of his attorney in the conduct of the trial. Held, the fact that the defendant was not properly represented by the counsel of his own choice was no ground for the court to go beyond the record and grant a new trial. People v. Hartwell (Ill. 1930) 173 N.E. 112.
Crimes--Burden Of Proving Alibi And Self-Defense
Crimes--Burden Of Proving Alibi And Self-Defense
Michigan Law Review
The defendant, indicted for murder, requested a charge that, if the evidence as to self-defense raised in the minds of the jurors a reasonable doubt of the guilt of the defendant, they should acquit him. Held, the trial court properly refused to· give the instruction. The burden was on the defendant to establish the defense by a preponderance of the evidence. Commonwealth v. Troup (Pa. 1931) 153 Atl. 337.
Crimes-Right Of Jury To Recommend Mercy
Crimes-Right Of Jury To Recommend Mercy
Michigan Law Review
In a trial for murder, under a statute which provided that if the jury found the accused guilty of murder they might recommend him or her to the mercy of the court, thus reducing the punishment from death to life imprisonment, the court instructed the jury, ''You cannot of your own free will recommend or not recommend [mercy] because you are opposed to capital punishment." Exception was taken on the grounds that this circumscribed the statutory privilege of the jury to recommend mercy. Held, the instruction was erroneous and constituted grounds for new trial. State v. Blakely (S. C. …
Crimes-Influence From The Defendants Failure To Testify
Crimes-Influence From The Defendants Failure To Testify
Michigan Law Review
The testimony given on a trial for murder indicated that the defendant had shot and killed one of his pursuers while fleeing the scene of a robbery in which he had taken a principal part. The trial court instructed the jury that the defendant, while not compellable, was competent to be a witness in his own behalf; and that although his failure to take the stand raised no presumption of his guilt, if facts were testified to which were accusations against the defendant which he could by his oath deny, and he failed to take the stand in his own …
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Indiana Law Journal
An address delivered to the Indiana State Bar Association at Indianapolis, Thursday, December 18, 1930.
Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment
Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment
Michigan Law Review
The respondents were tried and found guilty of murder. Held, that the constitutional provision that "the accused shall be fully informed of the nature and cause of the accusation against him" requires an indictment returned by the grand jury to contain allegations as to the time and place of the assault and the time and place of death of the decedent where the crime charged is murder. State v. Rector (S. C . 1930) 155 S.E. 385.
Appeal And Error-Judicial Distrust Of The Jury
Appeal And Error-Judicial Distrust Of The Jury
Michigan Law Review
A statute prescribed ten years in the state penitentiary as the minimum punishment for perjury committed on the trial of an indictment for a felony. In a prosecution for this offense, the trial court erroneously charged the jury that five years was the minimum punishment, to which the defendant excepted. Held, when defendant excepts to such instruction, it is reversible error for which a new trial will be granted. Roley v. State (Okla. Crim. App. 1930) 290 Pac. 195.
The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley
The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley
Michigan Law Review
One of the most pronounced changes in criminal procedure proposed by the new criminal code prepared under the direction of and approved by the American Law Institute is that which proposes "all offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment or information.'' This would radically affect the present criminal procedure of one-half of the states. In twenty-four states prosecution of practically all cases may now be by information. The reform thus officially proposed by the Institute has been widely recommended by commissions and committees interested in the reform of criminal procedure. In many of …
Crimes-Procedure-Variance Between Indictment And Proof
Crimes-Procedure-Variance Between Indictment And Proof
Michigan Law Review
The plaintiff was convicted of burglary under an indictment alleging that the article stolen was the joint property of two persons. The proof disclosed that it was the sole property of one of them, but this variance was at no time called to the attention of the lower court. On appeal, held, such variance was not reversible error. People v. Oswald (Ill. 1930) 172 N.E. 819.
Crimes-Speedy Trial-Justification For Delay
Crimes-Speedy Trial-Justification For Delay
Michigan Law Review
The defendant was convicted under a state prohibition statute. The information was filed on June 7, 1929, and no further proceedings were taken against him for more than sixty days thereafter. The defendant moved to dismiss the suit on the ground that he had not had a speedy trial. No jury was on duty during the months of July, August, and the early part of September. Held, that the constitutional guaranty of a speedy trial was not infringed by such delay. State v. Vukich (Wash. 1930) 290 Pac. 992.
Criminal Conservation--Damages--Refusal Of Writ Of Error, Fletcher W. Mann
Criminal Conservation--Damages--Refusal Of Writ Of Error, Fletcher W. Mann
West Virginia Law Review
No abstract provided.
Relation Between Separate Instructions To The Jury, Leo Carlin
Relation Between Separate Instructions To The Jury, Leo Carlin
West Virginia Law Review
No abstract provided.
Proposed Legislation For Enforcement Of Prohibition, Thomas Frank Konop
Proposed Legislation For Enforcement Of Prohibition, Thomas Frank Konop
Journal Articles
Under date of November 21st, 1929, the Commission on Law Observance and Enforcement made a preliminary report to the President on observance and enforcement of prohibition. Under subdivision (D) of that report, the Commission offered three methods to relieve the congestion in the Federal Courts. Although the bills are constitutional, they will not relieve congestion. Instead, the will promote fraud and lower citizens' respect for the Federal Judiciary and the Constitution.
Criminal Law-Search And Seizure-Consent
Book Review. Derby, A., Cases Of Criminal Law, 3rd Ed., Jerome Hall
Book Review. Derby, A., Cases Of Criminal Law, 3rd Ed., Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Comments On Proposed Changes In Procedure In West Virginia, Edson R. Sunderland
Comments On Proposed Changes In Procedure In West Virginia, Edson R. Sunderland
West Virginia Law Review
No abstract provided.
Report To The Committee On Judicial Administration And Legal Reform Of The West Virginia Bar Association Containing Suggestions Concerning Pleading And Practice In West Virginia, Thurman W. Arnold, James W. Simonton, Harold C. Havighurst
Report To The Committee On Judicial Administration And Legal Reform Of The West Virginia Bar Association Containing Suggestions Concerning Pleading And Practice In West Virginia, Thurman W. Arnold, James W. Simonton, Harold C. Havighurst
West Virginia Law Review
No abstract provided.
Criminal Law-Illegally Obtained Evidence-Timely Objection
Criminal Law-Illegally Obtained Evidence-Timely Objection
Indiana Law Journal
Recent Case Notes
The Extent To Which Affidavits Of Jurors Will Be Considered For The Purpose Of Setting Aside Their Own Verdict, Albert Olsen
The Extent To Which Affidavits Of Jurors Will Be Considered For The Purpose Of Setting Aside Their Own Verdict, Albert Olsen
Washington Law Review
The question as to what extent and under what circumstances the affidavits of jurors will be considered on a motion for a new trial, arises in instances where the losing party feels that the jury has failed to properly exercise its function of deciding the case in an impartial and unprejudiced manner according to the law and evidence submitted in the case. In an early case the arbitrary rule was laid down that under no circumstances would an affidavit of a juror be considered for the purpose of setting aside the juror's sworn act incorporated in the verdict.The rule thus …
Should The Jury System Be Abolished, T. W. A.
Should The Jury System Be Abolished, T. W. A.
West Virginia Law Review
No abstract provided.
The Permissibility Of Comment On The Defendant's Failure To Testify In His Own Behalf In Criminal Proceedings, Leslie H. Dills
The Permissibility Of Comment On The Defendant's Failure To Testify In His Own Behalf In Criminal Proceedings, Leslie H. Dills
Washington Law Review
When the question as to whether or not a prosecuting attorney should be permitted to comment on the failure of the accused in a criminal action to testify in his own behalf first arose in the state of Washington, the Supreme Court rested its decision denying the right to make such comment on a statute. The abrogation of this statute by the Supreme Court under its rule-making power, leaves this question of vital importance in criminal practice open and undecided in this State.
Contempt--Evasion Of Criminal Process As Contempt Of Court, T. W. Arnold
Contempt--Evasion Of Criminal Process As Contempt Of Court, T. W. Arnold
West Virginia Law Review
No abstract provided.
The "Fence"
Michigan Law Review
Whenever crime is discussed, one's attention is invariably called to the person who actually commits crime, such as the bandit, the murderer, the automobile thief, etc.; and whenever the so-called crime wave gains such proportions as to arouse the public to a state of indignation, laws are passed and reforms instituted to make more certain the punishment of such criminals. Very often, however, one of the most vicious enemies of society is forgotten, because he practices his nefarious profession hidden from the eye of the public and under a cloak of respectability. I refer to the one who receives the …
Liberty And The Police Power, Clarence Emmett Manion
Liberty And The Police Power, Clarence Emmett Manion
Journal Articles
The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The …
Pitfalls In Trial Practice, Harry O. Chamberlin
Pitfalls In Trial Practice, Harry O. Chamberlin
Indiana Law Journal
No abstract provided.
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Michigan Law Review
Waiver of jury trial in criminal cases generally is a highly practical issue at the present time both from the standpoint of the public and of the accused. The belief is common that the element of delay is one of the primary causes of the general disrespect attaching to the courts of criminal juridiction. It is said that an overzealousness in shielding the citizen against oppression and injustice has resulted in shifting to the background expedients designed to simplify and give momentum to the disposition of criminal cases.
Elimination Of General Verdicts And Instructions To Juries, Thomas H. S. Curd
Elimination Of General Verdicts And Instructions To Juries, Thomas H. S. Curd
West Virginia Law Review
No abstract provided.