Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Death (2)
- Intent (2)
- Third parties (2)
- Witnesses (2)
- Adultery (1)
-
- Boston Safe Deposit & Trust Co. v. Prindle (1)
- Closed season (1)
- Concealed firearms (1)
- Confidentiality (1)
- Contempt (1)
- Del Vecchio v. Bowers (1)
- Dietz v. Eagle Grocery Co. (1)
- Disclosure (1)
- Divorce (1)
- Double privilege (1)
- Family dissension (1)
- Favorable testimonies (1)
- Gambling (1)
- Good faith (1)
- Hearsay rule (1)
- Human trafficking (1)
- Immoral purposes (1)
- Interstate commerce (1)
- Journalistic ethics (1)
- Judicial commentary (1)
- Keezer v. State (1)
- Liquor laws (1)
- Longshoremen's and Harbor Workers'Compensation Act (1)
- Lottery rackets (1)
- Marital privileges (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review
Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review
Michigan Law Review
Decedent, who was an employee of respondent, was found dead in respondent's store with a rope around his neck and legs. The doctor found that death was caused by asphyxiation by hanging. The deputy commissioner held that petitioner had not sustained the burden of proving that decedent met with an "accident arising out of and in the course of" employment, and that the mere finding of the body of an employee on the premises of an employer will not alone raise a presumption that there was an "accident arising out of and in the course of" the employment. Dietz v. …
Witnesses - Instruction As To Credibility Of Police Officers And Paid Detectives, Theodore R. Vogt
Witnesses - Instruction As To Credibility Of Police Officers And Paid Detectives, Theodore R. Vogt
Michigan Law Review
Defendant was convicted of violating the liquor laws. He complained of the trial court's refusal to instruct the jury that greater care should be used in weighing the evidence of police officers than that of other witnesses. Held, such an instruction was properly refused because the witnesses were regular members of the city police force. McCartney v. State, 129 Neb. 716, 262 N. W. 679 (1935).
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Michigan Law Review
The defendant was convicted of transporting a female in interstate commerce for immoral purposes. Over the defendant's objection the trial court permitted testimony against him to be given by the defendant's wife. This ruling he assigned as error but held a wife is competent as a witness against her husband. Yoder v. United States, (C. C. A. 10th, 1935) 80 F. (2d) 665.
Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise
Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise
Michigan Law Review
Defendant admitted killing deceased with unlicensed pistol. The trial court instructed the jury pursuant to a statute which provided that in the trial of a person charged with committing or attempting to commit a felony against the person of another while armed with any firearm capable of being concealed upon the person, without having a license or permit to carry such firearm, the fact that he was so armed should be prima facie evidence of his intent to commit such felony. Upon objection that the statute was unconstitutional as depriving defendant of due process of law, the court held that …
Evidence-Alienation Of Affections-Wife's Testimony As To Statements Made To Her By Alienated Husband Concerning Defendant
Michigan Law Review
In a suit for alienation of husband's affections, plaintiff testified as to certain statements made by her husband in the absence of the defendant. These statement purported to be repetitions of statements made by the defendant to plaintiff's husband. Defendant objected to the admission of this testimony on the ground that it was hearsay. The court held that the testimony was admissible, not to prove the truth of the facts, words, or conduct embodied in the statements and chargeable to the defendant, but to show the husband's state of mind toward the plaintiff. Richards v. Lorleberg, (App. D. C. …
Search And Seizure - Burden Of Proving Illegality Of Search For Purpose Of Suppressing Evidence
Search And Seizure - Burden Of Proving Illegality Of Search For Purpose Of Suppressing Evidence
Michigan Law Review
Defendant was charged with unlawful possession of five mink skins during the closed season. His motion made before trial to suppress the evidence because of unlawful seizure was denied. He was convicted, and now appeals assigning the refusal to suppress the evidence as error. Held, judgment affirmed. The court said, "Upon a motion to suppress evidence because of an unlawful seizure, the burden of establishing that his rights have been transgressed is upon the party asserting such transgression." State v. Drew, 217 Wis. 216, 257 N. W. 681 (1934).
Powers-Exercise Of Power By Residuary Clause In Will-Admissibility Of Evidence To Show Donee's Intent
Michigan Law Review
Testator was the donee of general powers of appointment conferred upon him by his mother's deed and will. By the ninth clause of this will he gave to two named persons "all the rest and residue of my personal property . . . to be divided equitably among the members of said two families as they may in their uncontrolled discretion decide." Held, this did not exercise the powers of appointment. Evidence was admitted to show the testator's knowledge of the nature and scope of his property and of the fact that his estate was being diminished by the …
Evidence -Admissibility Of Statements Of Fact Made During Negotiation For Compromise, John E. Tracy
Evidence -Admissibility Of Statements Of Fact Made During Negotiation For Compromise, John E. Tracy
Michigan Law Review
At present, the various jurisdictions hold with comparative uniformity that while offers to settle a dispute are not admissible in evidence, statements of independent fact made during such compromise negotiation are admissible. The routes of logic by which the courts arrive at this similarity in result are marked by some fundamental differences, as will be shown later, but the result is the same under any theory. The question therefore presents itself, whether the distinction made by the courts between the admissibility of offers to compromise and statements of fact made during compromise negotiations can be justified under a system of …
Evidence-Privilege-Husband And Wife-Attorney And Client
Evidence-Privilege-Husband And Wife-Attorney And Client
Michigan Law Review
A husband and wife are involved in marital difficulties. Together they consult an attorney in an effort to compromise their dispute, or failing in that, to arrange a property settlement prior to separation or divorce. Such a joint consultation may be for any one of a variety of purposes. In a later action, for divorce or separate maintenance for example, the question arises whether either the attorney or one of the spouses can disclose words spoken by the other spouse in the consultation. For instance, can the attorney or the husband disclose the wife's admission of adultery?
Evidence - Witnesses - Privilege Of Reporter Not To Testify Concerning Confidential Communications
Evidence - Witnesses - Privilege Of Reporter Not To Testify Concerning Confidential Communications
Michigan Law Review
Defendant, a newspaper reporter, refused to reveal to a grand jury which was investigating gambling and the lottery racket the names and addresses of persons and places mentioned in certain newspaper articles he had written on that subject, on the ground that the information was given to him confidentially and its source was therefore privileged. He was committed for contempt, and sued out a writ of habeas corpus. Held, writ dismissed. Mooney v. Sheriff, 269 N. Y. 291, 199 N. E. 415 (1936).
Administrative Law-Operation Of Federal Statute Creating Presumption Against Suicide In Compensation Cases
Michigan Law Review
A carpenter making repairs nearby, hearing a sharp report followed by groans, found plaintiff's husband lying upon the floor. He died without recovering consciousness from a bullet wound through the breast. The pistol to which the fatal bullet was traced lay in a partly closed drawer which was spattered with blood as was the counter near by. The ejected shell lay some feet away in the position where it would be found had the pistol been discharged directly in front of deceased's breast. There were powder burns on his clothes. Contradictory evidence of deceased's mental state was adduced toward the …