Law Commons^™

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

Jesse Carter Opinions

Reexamination of defendant's arguments as to the correctness and validity of the reporter's transcript were without merit and the transcript permitted a fair consideration and disposition of the appeal.

Jurisdiction To Try American Servicemen For Crimes Committed Abroad, John M. Mckee

Buffalo Law Review

No abstract provided.

Criminal Law And Procedure, H.T. O'Neal Jr.

Mercer Law Review

A synopsis of the criminal law as decided by our appellate courts consists, in the main, of a restatement of age-old concepts. The criminal law does not readily lend itself to startling new trends or changes. It is a science which is not static, but stationary.

It has been necessary to formulate several very general categories in which to place the cases, in order that a discussion of them may have some .semblance of order and organization. Although some of the categories have received exhaustive treatment elsewhere in this issue, it appears necessary that they be discussed here solely from …

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

Jesse Carter Opinions

Evidence of a defendant's prior attempted rape was admissible in his trial for assault with intent to rape a second victim as the evidence of the first offense showed defendant's intent when he entered the second victim's hotel room.

Constitutional Law-Right To Assistance Of Out-Of-State Counsel In Criminal Cases As Element Of Due Process Of Law [Cooper V. Hutchinson, Fed. 1950]

Washington and Lee Law Review

No abstract provided.

Habeas Corpus And Coram Nobis In Indiana

Indiana Law Journal

No abstract provided.

Criminal Processes And Habeas Corpus: A Remedy In The Federal Courts

Indiana Law Journal

No abstract provided.

Constitutional Law-Fifth Amendment-Privilege Against Self-Incrimination By Admission, Or Knowledge, Of Communist Activities, Morris G. Shanker

Michigan Law Review

ln response to a subpoena, petitioner appeared as a witness before a United States district court grand jury. Several questions concerning· her knowledge and association with the Communist Party were put to her. In each case, she refused to answer the questions, claiming the constitutional privilege against self-incrimination. For refusal to answer these same questions when brought before the district court, petitioner was adjudged to be in contempt of court. The court of appeals affirmed the holdings, and certiorari was granted by the Supreme Court. Held, judgment reversed. The Smith Act makes it unlawful to advocate knowingly the desirability …

People V. Thomas, Jesse W. Carter

Jesse Carter Opinions

In murder case, the court did not have the authority to reduce defendant's death sentence to life imprisonment because defendant failed to show prejudicial error with respect to the sentencing order.

Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.

Michigan Law Review

Petitioner was arrested on suspicion of robbery and the next day confessed the theft of a car owned by a person who had been found dead a month previous. On the following evening, after a four and one-half hour "interview" with two F.B.I. agents, he "broke down and confessed the killing." Other confessions were made the next day and finally, after a detention of five days from the day of arrest, petitioner was taken before a committing magistrate. He was found guilty of murder at a trial in which these confessions were used against him. He sued out a writ …

Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.

Michigan Law Review

Petitioner was arrested on suspicion of robbery and the next day confessed the theft of a car owned by a person who had been found dead a month previous. On the following evening, after a four and one-half hour "interview" with two F.B.I. agents, he "broke down and confessed the killing." Other confessions were made the next day and finally, after a detention of five days from the day of arrest, petitioner was taken before a committing magistrate. He was found guilty of murder at a trial in which these confessions were used against him. He sued out a writ …

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …

Criminal Law-Application Of Double Jeopardy Prohibition In Case Of Two Deaths Resulting From Single Act Of Wrongdoing [State V. Martin, Ohio 1950]

Washington and Lee Law Review

No abstract provided.

Constitutional Law-Fourteenth Amendment-Discrimination In Selection Of Grand Jurors, Alan C. Boyd S. Ed.

Michigan Law Review

Defendant's conviction of murder was affirmed by the Texas Court of Criminal Appeals, which rejected defendant's claim that discrimination in selection of the indicting grand jury had violated his constitutional rights. Defendant pointed out that the Negro proportion of grand jurors had uniformly been less than the ratio of Negroes to the total population of the county, and that on the past twenty-one lists the commissioners had consistently limited the number of Negroes to not more than one on each grand jury. On certiorari to the United States Supreme Court, held, reversed. Limitation of the number of Negroes on …

Procedure-Disqualification Of Government Employees To Act As Jurors In Criminal Cases [Dennis V. United States, U. S. Sup. Ct. 1950)

Washington and Lee Law Review

No abstract provided.

Military Habeas Corpus: Ii, Seymour W. Wurfel

Michigan Law Review

The doctrine is well established that habeas corpus is an extraordinary remedy which will not ordinarily lie where the law has provided another remedy. The numerical pressure of habeas corpus petitions by all types of prisoners in recent years has reached such proportions as to constitute a major problem in the administration of justice. It has engaged the administrative consideration of judicial officers and been the subject of legislation both federal and state. The Chief Justice of the United States in an address before the American Bar Association on September 7, 1949 strikingly stated the problem and urged "that something …

The Special Verdict—Theory And Practice, Samuel M. Driver

Washington Law Review

At the 1949 Conference of Federal Judges of the Ninth Circuit I discussed the special verdict, and my address was published in the Washington Law Review. My treatment of the subject necessarily was largely theoretical as I had made very little use of the special verdict practice up to that time. Drawing upon abundant published material,I assembled and summarized the common criticisms of the general verdict and the claimed advantages of the special verdict, and expressed the conclusion that the latter, as prescribed in Rule 49 of the Federal Civil Rules, was entitled to much more extensive use. Having sold …

Military Habeas Corpus: I, Seymour W. Wurfel

Michigan Law Review

The mobilization of over twelve million persons into the armed forces in World War II made necessary a vastly expanded resort to court martial proceedings to enforce the criminal law. The trial by military tribunals of civilian employees of the military establishment in overseas areas and of prisoners of war and war crimes defendants added substantially to the number confined by military authority. On January 31, 1950, there remained in federal penal institutions 2508 prisoners serving civilian type felony sentences imposed by military tribunals. Before World War II, legal problems arising from attempts to invoke the remedy of habeas corpus …

A Study Of Sex Law Enforcement In Louisville, Kentucky, Robert C. Bensing

Kentucky Law Journal

No abstract provided.

The Writ Of Error Coram Nobis--Kentucky's Answer To The Expanding Federal Concept Of Procedural Due Process In Criminal Cases, John W. Sublett

Kentucky Law Journal

No abstract provided.

The Retreat To The Wall Doctrine Of Self-Defense, Robert Hall Smith

Kentucky Law Journal

No abstract provided.

The Historical Development Of Self-Defense As Excuse For Homicide, Jack Lowery Jr.

Kentucky Law Journal

No abstract provided.

Insanity As A Defense To Crime, James Daniel Cornette

Kentucky Law Journal

No abstract provided.

Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Wolford V. Buchanan--Rule Of Gholson Case Modified?, George R. Creedle

Kentucky Law Journal

No abstract provided.