Law Commons^™

Mccormick: Handbook Of The Law Of Evidence, Mason Ladd

Michigan Law Review

A Review of Handbook of the Law of Evidence. By Charles T. McCormick

Evidence, Edgar L. Morris

South Carolina Law Review

No abstract provided.

Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.

Vanderbilt Law Review

Homicide: In Ivy v. State' the defendant, in the course of a fight with A, stabbed B, a peacemaker, killing him. The defendant appealed his conviction of involuntary manslaughter on the theory that the evidence did not support the verdict, since it showed that the defendant was striking at A in self-defense when he unfortunately stabbed B. The court held that the jury could properly find on the evidence either that (1) the defendant, not A, was the aggressor, or (2) even if A were the aggressor, defendant was not in imminent danger or reasonably supposed danger of death or …

Book Reviews, Robert J. Harris (Reviewer), E. M. Morgan (Reviewer)

Vanderbilt Law Review

Book Reviews

The Fifth Amendment Today By Erwin N. Griswold Cambridge)Mass.: Harvard University Press. Pp. vi, 82. $0.50

reviewer: Robert J. Harris

Handbook of the Law of Evidence By Charles T, McCormick St.Paul: West Publishing Co., 1954, pp. xxviii, 774.

reviewer: E. M. Morgan

Morgan: Basic Problems Of Evidence, Alfred L. Gausewitz

Michigan Law Review

A Review of Basic Problems of Evidence. By Edmund M. Morgan.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Jurisdiction to Modify Custody Decree after Child's Domicile Changes--Full Faith and Credit in Third State

Constitutional Law--Freedom of Speech--"Prior Restraint" of Motion Pictures

Corporations--Uniform Stock Transfer Act--Effect of Notice of Restriction on Transfer

Criminal Procedure--Contempt--Extent of Power of Trial Judge to Punish Summarily

Evidence--Post-Accident Statements--Theories of Admissibility

Insurance--Automobile Theft Policy--Meaning of "Possession" in Exclusionary Clause of Policy

Malicious Prosecution--No Recovery for Base Less Civil Action--Necessity of "Special Injury"

Malpractice--Negligent Prescription of Habit--Forming Drugs--Patent's Simulation of Pain as Contributory Negligenic

Evidence-Validity Of Statute Making Illegally Obtained Evidence Admissible In Gambling Prosecution In One County Of State [Salsburg V. Maryland, U S. Sup. Ct. 1954].

Washington and Lee Law Review

No abstract provided.

Evidence-Admissibility In Prosecution For Drunken Driving Of Accused's Refusal To Submit To Blood Test [Gardner V. Commonwealth, Va. 1954]

Washington and Lee Law Review

No abstract provided.

Evidence-Application Of Federal Wire Tapping Statute To Recording Authorized By Informer Without Consent Of Accused [United States V. Stephenson, Fed. 1954].

Washington and Lee Law Review

No abstract provided.

Extra-Legal Materials And The Law Of Evidence, John S. Strahorn Jr.

Maryland Law Review

No abstract provided.

Presenting The Evidence, A. H. Frost

South Carolina Law Review

No abstract provided.

Constitutional Law - Search And Seizure - Evidence Of Prior Search As Bearing On Credibility Of Defendant's Testimony, Ira A. Brown, Jr.

Michigan Law Review

In 1952 petitioner was indicted in a federal court, charged with illegal sales of narcotics. During direct examination by his counsel, petitioner denied ever having had possession of narcotics. On cross-examination by the government, petitioner repeated his denial and continued to do so even when the government questioned him, over his objection, concerning a heroin capsule unlawfully seized in his home in 1950. Evidence of the unlawful seizure in 1950 had been ruled inadmissible in an earlier trial. Petitioner's denials were squarely in conflict with an affidavit he had filed at the earlier trial. In rebuttal, the government introduced testimony …

Evidence, Edgar L. Morris

South Carolina Law Review

No abstract provided.

Procedure And Evidence -- 1954 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

Generally: The strict rules of pleading are not applicable in a will contest,' which is a proceeding sui generis and regulated by statute. Demurrer. A demurrer to a cross-bill in chancery on the ground that it "states no cause of action upon which relief can be granted" is a nullity, and should be stricken on motion.

Plea in Abatement: Where the chancellor upon hearing a plea inabatement of another action pending for the same cause, found that the cause was substantially the same, and granted plaintiff permission to file the bill in the later suit as an amended or supplemental …

Criminal Law And Procedure -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Most of the criminal law cases in the Tennessee courts during the past year have dealt with matters of procedure. The basic principles derived from these cases are treated in the Procedure and Evidence article of this 1954 Survey.' However, those cases of especial interest and significance will be considered here in somewhat greater detail. In addition to procedural matters there were a few cases which turned on concepts basic in the substantive law of crimes.

Substantive Law

Homicide: Tennessee has enunciated and followed a rule which states that driving an automobile while intoxicated is an act malum in se, …

Evidence--Obtained By Unlawful Search--Admissibility To Discredit Defendant's Testimony, C. F. S. Jr.

West Virginia Law Review

No abstract provided.

Were The Louisiana Rules Of Civil Evidence Affected By The Adoption Of The Louisiana Code Of Criminal Procedure?, Roy M. Lilly Jr.

Louisiana Law Review

No abstract provided.

Confessions In Louisiana Law, Geraldine E. Bullock

Louisiana Law Review

No abstract provided.

Hearsay And Non-Hearsay As Reflected In Louisiana Criminal Cases, William E. Crawford, Thomas N. Frisby

Louisiana Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

A Commentary on Recent Case Law --By Subject:

Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy

==============================

Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes

===============================

Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay

===============================

Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege

===============================

Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction

===============================

Income Taxation--Deductions--Periodic Alimony Payments

===============================

Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction

===============================

Torts--Dog Bite--Owner's Scienter

===============================

Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease

Spontaneous Declarations, Thomas P. Hardman

West Virginia Law Review

No abstract provided.

Evidence - Admissibility Of Photographs Of The Corpse In Cases Involving Homicide, Sidney B. Galloway

Louisiana Law Review

No abstract provided.

Constitutionality Of Submitting To Jury Voluntariness Of Confession When There Is Other Evidence Sufficient To Convict - Stein V. People Of The State Of New York

Maryland Law Review

No abstract provided.

Evidence--Party's Testimony As Judicial Admission, Donald J. Fallon

Case Western Reserve Law Review

No abstract provided.

Federal Control Over Use Of Coerced Confessions In State Criminal Cases-Some Unsettled Problems, Austin W. Scott Jr.

Indiana Law Journal

No abstract provided.

Right Of Accused To Be Confronted With His Accusers Not Guaranteed By The Fourteenth Amendment - Stein V. People Of The State Of New York

Maryland Law Review

No abstract provided.

Admissibility Of Testimony Of Skidmarks Seen After The Accident - Williams V. Graff

Maryland Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases--

Attorney and Client--Contingent Fee Contracts--Divorce Action

Corporations--Corporate Power--Contributions to Philanthropic Institutions

Corporations--Criminal Anti-Trust Action--Indemnification of Directors for Litigation Expenses

Evidence--Presumption of Law and Inference of Fact--Retrospective Presumption of Continuity

Federal Procedure--Class Actions--Discretion of Trial Court

Income Taxation--Deductions--"Ordinary and Necessary"--Expenses

Income Taxation--False Statements--Criminal Penalties

Labor Law--Arbitration Agreements--Specific Enforcement in Federal Courts

Military Law--Discharged Personnel--Power to Arrest for Serious Crimes

Military Law--Privilege Against Self Incrimination--Admissibility of Handwriting Specimen Obtained Involuntarily

Torts--Automobile Guest--Contributory Negligence as a Matter of Law

Workmen's Compensation--Employees' Altercations--Aggresso

Negligence - Proving Inviter's Breach Of Duty By Circumstantial Evidence, Charles E. Oldfather S.Ed.

Michigan Law Review

Plaintiff brought a negligence action for personal injuries suffered when she slipped on a spot of grease in the driveway of defendant's railroad station. The evidence showed that the spot was at least one foot square and was covered with dust and dirt so that it resembled in color and texture the rest of the pavement. The evidence also indicated that vehicles often drove through and parked in the drive, and that there were no marks on the spot other than a deep skid mark left by plaintiff's heel. The trial court allowed the jury to determine from this evidence …

Procedure And Evidence, Edmund M. Morgan

Vanderbilt Law Review

Demurrer: The Tennessee cases reiterate the orthodox proposition that a demurrer admits the facts alleged or averred in the pleading to which it is interposed.' It is perhaps unnecessary to note that this proposition is true only when the problem concerns the sufficiency of the allegations or averments in the pleading. In truth, the demurrer is merely a default as to the facts and a tender of issue on the law. If the demurrer is overruled and the action is for unliquidated damages, the plaintiff's averment as to the amount of the damages is not taken as true; he must …