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Articles 6901 - 6930 of 6958

Full-Text Articles in Criminal Law

Criminal Law And Procedure - Interpretation Of Statute, Michigan Law Review Dec 1939

Criminal Law And Procedure - Interpretation Of Statute, Michigan Law Review

Michigan Law Review

Convicted of the statutory crime of falsely uttering a bank check, defendant appealed on the ground that the instrument in question was a promissory note. It was in appearance and form a check except for the substitution of "will pay" for "pay" and the addition of the words "payable at" before the name of the bank. Held, affirmed, the court construing the instrument as a check. State v. Doudna, (Iowa, 1939) 284 N. W. 113.


Evidence - Criminal Law And Procedure - Admissibility Of Recording Made On Device At Receiving End Of Telephone Conversation, William H. Klein Dec 1939

Evidence - Criminal Law And Procedure - Admissibility Of Recording Made On Device At Receiving End Of Telephone Conversation, William H. Klein

Michigan Law Review

In a prosecution for conspiracy to violate the narcotic laws, defendant objected to the admission of a recorded telephone conversation between himself and an informer, taken down by the latter on a device attached to the receiver. Defendant contended that this was inadmissible under the rule of Nardone v. United States. Held, the evidence was not intercepted, therefore not within the purview of the Federal Communications Act and, consequently, admissible despite the Nardone decision. United States v. Yee Ping Jong, (D. C. Pa. 1939) 26 F. Supp. 69.


Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review May 1939

Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review

Michigan Law Review

After conviction of rape allegedly committed upon defendant's thirteen year old daughter, defendant, on motion for new trial, produced an affidavit of the daughter recanting the testimony against defendant which the daughter had given at the trial. Held, the trial court did not abuse its discretion in refusing to grant a new trial. Sutton v. State, (Ark. 1938) 122 S. W. (2d) 617.


Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review May 1939

Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review

Michigan Law Review

After all the evidence had been produced for the jury's consideration in a murder trial, defendant's counsel moved to reopen the case and be permitted to take defendant to a laboratory to be examined under a pathometer, or lie detector. Held, that as the court could not take judicial notice that the instrument was or was not effective for determining the truth, because the record gave no indication of general scientific recognition, the motion was denied. People v. Forte, 279 N. Y. 204, 18 N. E. (2d) 31, affg. (King Co. Ct. 1938) 4 N. Y. S. (2d) …


Criminal Appeals In America -- A Book Review, James J. Robinson Jan 1939

Criminal Appeals In America -- A Book Review, James J. Robinson

Articles by Maurer Faculty

No abstract provided.


Work Of The Louisiana Supreme Court, 1937-38 Term: Criminal Law And Procedure, Jerome Hall Jan 1939

Work Of The Louisiana Supreme Court, 1937-38 Term: Criminal Law And Procedure, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Homicide--Burden Of Proof When Defense Is Insanity, James D. Allen Jan 1939

Homicide--Burden Of Proof When Defense Is Insanity, James D. Allen

Kentucky Law Journal

No abstract provided.


Criminal Law And Procedure - Essential Definiteness Of Criminal Statutes - Automobile Regulations, Robert Meisenholder Jan 1939

Criminal Law And Procedure - Essential Definiteness Of Criminal Statutes - Automobile Regulations, Robert Meisenholder

Michigan Law Review

Defendant was convicted of reckless driving under section 48 of the Illinois Uniform Traffic Act which reads, "Any person who drives any vehicle with a wilful or a wanton disregard for the safety of persons or property is guilty of reckless driving." He appealed on the ground that the statute violated the Illinois Constitution because it was too vague, indefinite, and uncertain. Held, that the statute did not violate the constitution and was a valid exercise of the police power of the legislature. People v. Green, 368 Ill. 242, 13 N. E. (2d) 278 (1938).


Improper Discharge Of Jury Before Verdict As Double Jeopardy, C. L. C. Dec 1938

Improper Discharge Of Jury Before Verdict As Double Jeopardy, C. L. C.

West Virginia Law Review

No abstract provided.


Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher Dec 1938

Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher

Michigan Law Review

A Massachusetts statute made the selling of any drug, medicine or instrument for the prevention of conception a criminal offense. The defendants, a doctor, a nurse, and two social workers, all connected with a charitable association, prescribed and sold contraceptives to non-pregnant, married women. Defendants' offer of proof, admitting the facts charged, but contending that the statute did not apply where the sale was made under a physician's prescription for the preservation of life or health, was found by the trial court to constitute no defense. Held, that the wording was plain and unequivocal allowing for no implied exception. …


Criminal Law And Procedure - Admissibility Of Confessions - Exhortations To Tell The Truth, Dan K. Cook Dec 1938

Criminal Law And Procedure - Admissibility Of Confessions - Exhortations To Tell The Truth, Dan K. Cook

Michigan Law Review

Defendant, while in the custody of police officers, confessed to the crime of murder. It was shown that the police officers during the course of defendant's examination, stated to the defendant that "it was better for him to tell the whole truth," and ''You are not telling the truth, give us the truth on this," "You might as well tell the truth; to me now," "I advise you to tell the truth in this case." In the subsequent prosecution of the defendant for murder, it was held that the confession was properly admissible notwithstanding these statements by the officers. Commonwealth …


Criminal Law--Trial--Presence Of Accused During Trial, J. C. A. Dec 1938

Criminal Law--Trial--Presence Of Accused During Trial, J. C. A.

West Virginia Law Review

No abstract provided.


Criminal Law And Procedure - Appeal By State - Constitutionality Of Statutes-Due Process Of Law, Edward D. Ransom Nov 1938

Criminal Law And Procedure - Appeal By State - Constitutionality Of Statutes-Due Process Of Law, Edward D. Ransom

Michigan Law Review

Developing as a result of a period when an accused person was placed at a tremendous disadvantage at the hands of tyrannical judges exercising an unconscionable abuse of power, the concept that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb" was put into the Fifth Amendment of the Federal Constitution and into many of the state constitutions. As a part of this double jeopardy concept, the American courts, from the first, established the rule that the state should not be allowed to appeal in a criminal prosecution. The accused, …


Criminal Law And Procedure - Evidence - Dismissal Of Prosecution For Reference To Other Crimes Of Defendant, John Barker Waite Nov 1938

Criminal Law And Procedure - Evidence - Dismissal Of Prosecution For Reference To Other Crimes Of Defendant, John Barker Waite

Michigan Law Review

Any discussion of Judge Pecora's declaration of a mistrial in People v. Hines must adhere firmly to the fundamental proposition that every accused person, no matter how evident his guilt nor how great the hostility toward him, is entitled to a fair trial, conducted in accord with established rules, and to the verdict of a jury uninfluenced by improper factors. But did the judge's ruling perhaps exceed what was reasonably necessary to assure the defendant of these essentials?


Committee On Survey Of Crime, Criminal Law And Criminal Procedure, Jerome Hall Jan 1938

Committee On Survey Of Crime, Criminal Law And Criminal Procedure, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Multiple Consequences Of A Single Criminal Act, Frank Edward Horack Jr. Jan 1937

The Multiple Consequences Of A Single Criminal Act, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


Criminal Procedure--Arrest--Use Of Force In Making Arrest, John L. Davis Jan 1937

Criminal Procedure--Arrest--Use Of Force In Making Arrest, John L. Davis

Kentucky Law Journal

No abstract provided.


Criminal Law And Procedure - Habitual Criminal Act - Prior Convictions - Pleading And Trial Nov 1936

Criminal Law And Procedure - Habitual Criminal Act - Prior Convictions - Pleading And Trial

Michigan Law Review

The petitioner was charged with grand larceny and was convicted by a jury. The court thereafter made a finding that the petitioner had previously been convicted of two other felonies, and that he had served a term in the Kansas penitentiary for one felony and a term in the Missouri penitentiary for the other. On that finding and the verdict of the jury, the court sentenced the petitioner to life imprisonment under a Kansas statute which prescribed increased penalties for habitual offenders. Held, that the prior convictions need not be charged in the information and that the petitioner was …


Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis Feb 1936

Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis

West Virginia Law Review

No abstract provided.


Edward Livingston And His Louisiana Penal Code, Jerome Hall Jan 1936

Edward Livingston And His Louisiana Penal Code, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Criminology And A Modern Penal Code, Jerome Hall Jan 1936

Criminology And A Modern Penal Code, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


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.


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. …


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.


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.


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.


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 …


Analysis Of Criticism Of The Grand Jury, Jerome Hall Jan 1932

Analysis Of Criticism Of The Grand Jury, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Proposed Legislation: Waiver Of Trial By Jury In Criminal Cases, Roy Mitchell Moreland Jan 1932

Proposed Legislation: Waiver Of Trial By Jury In Criminal Cases, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


The Use Of Injunction To Prevent Crime, James C. Lyne Jan 1932

The Use Of Injunction To Prevent Crime, James C. Lyne

Kentucky Law Journal

No abstract provided.