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Articles 391 - 420 of 636
Full-Text Articles in Criminal Law
Equity-Criminal Contempt-Violation Of Court Order Or Decree-Attorney's Responsibility, Warren K. Urbom S.Ed.
Equity-Criminal Contempt-Violation Of Court Order Or Decree-Attorney's Responsibility, Warren K. Urbom S.Ed.
Michigan Law Review
Employees of R, while on strike, picketed in the vicinity of a warehouse that was owned by X hut a part of which had been rented by R. The warehouse was served by two railroad spur tracks and two streets. Attempts to deliver goods to the warehouse via the railroad tracks were physically obstructed by the pickets, whereupon a temporary injunction issued restraining employees from "picketing ... plaintiff's railroad tracks and spur tracks or right of way or property in any manner whatsoever .... " Thereafter, on the strength of an attorney's advice, the employees maintained pickets fourteen …
Criminal Law-Negligent Homicide Statute-Motor Vehicle Operator Suffering From Disease Producing Unconsciousness, Bernard A. Petrie S.Ed.
Criminal Law-Negligent Homicide Statute-Motor Vehicle Operator Suffering From Disease Producing Unconsciousness, Bernard A. Petrie S.Ed.
Michigan Law Review
Defendant suffered a single, sudden attack of dizziness or unconsciousness. He was warned by a physician, diagnosing his condition as Meniere's Syndrome, that he might at any time, without warning, suffer another such attack. Defendant worked for a year and three months without a recurrence. Then defendant ''blacked out" while driving alone and his automobile crashed into another, causing the death of its driver. The trial judge convicted for statutory negligent homicide. On appeal, held, affirmed. Defendant's driving on a through state highway with knowledge that he might become disabled without warning met the statutory criterion of driving "carelessly …
Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed.
Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed.
Michigan Law Review
Defendant, after proper arraignment on a charge of as· sault, was questioned intermittently about and confessed to a murder. This confession, introduced at the trial in the District Court of Alaska, was instrumental in convicting the defendant of the graver charge. The court of appeals reversed because of a failure to file the murder complaint within a reasonable time. On certiorari, held, the confession, made after proper detention on a lesser charge, was legal and admissible if given freely; but case affirmed as modified on other grounds. United States v. Carignan, 342 U.S. 36, 72 S.Ct. 97 (1951).
Evidence-Admissibility Of Uncommunicated Threats, Thomas Hartwell S. Ed.
Evidence-Admissibility Of Uncommunicated Threats, Thomas Hartwell S. Ed.
Michigan Law Review
The defendant was convicted of murder in the first degree, following his killing of one Hunter as the outcome of a quarrel. The defendant had pleaded self-defense, contending that Hunter had appeared to threaten him. The defendant was the only witness to testify as to any aggression on the part of Hunter, while the four eyewitnesses to the killing all testified that the accused had attacked Hunter without warning and had fired upon Hunter's wife and child. Defendant's motion for new trial on the ground of newly discovered evidence showing that Hunter had in his pocket an open knife, which …
Criminal Law - ''Temporary Insanity" -Arguments And Proposals For Its Elimination As A Defense To Criminal Prosecution, Lewis R. Williams, Jr. S. Ed.
Criminal Law - ''Temporary Insanity" -Arguments And Proposals For Its Elimination As A Defense To Criminal Prosecution, Lewis R. Williams, Jr. S. Ed.
Michigan Law Review
ln view of the apparently increasing number of cases which have come before the courts in recent years in which the defense of "temporary insanity" has been made, an investigation into the status of that defense in the criminal law of today would seem desirable. The term "temporary insanity" is one of popular origin and finds no place in strict legal terminology. The defense of incapacity for the mens rea, legally speaking, is "insanity," not "temporary insanity." But because of the human desire for a mot convenable, we have come to apply the term "temporary insanity" to those …
Cbiminal Law--Humanitarian Motive As A Defense To Homicide--State V. Sander, (N.H. 1950)., Theodore Sachs
Cbiminal Law--Humanitarian Motive As A Defense To Homicide--State V. Sander, (N.H. 1950)., Theodore Sachs
Michigan Law Review
It has been uniformly accepted in Anglo-American jurisprudence that motive is neither an element of a crime, nor a defense to its existence.
Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs
Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs
Michigan Law Review
Defendant, a physician, was accused of the murder of his cancer-ridden patient by the injection of 40 c.c. of air into a vein of the patient's arm shortly before her death. The defendant had noted on the patient's medical chart the fact of the injection and that of her death, apparently a few minutes later. He subsequently dictated the same facts to his nurse, and later made similar admissions to local enforcement authorities and others making such statements on the day of his arrest and immediately thereafter. At the trial, a pathologist, called as an expert witness on behalf of …
Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.
Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.
Michigan Law Review
Petitioner was convicted of murder in a Georgia court and sentenced to die by electrocution. He made application to the governor to postpone execution on the ground that he had become insane after conviction. The governor, acting under authority of a state statute, appointed three physicians who conducted an examination of petitioner and found him sane. Thereupon, petitioner filed a petition for a writ of habeas corpus in a state court contending that the due process clause of the Fourteenth Amendment entitled him to a hearing on his insanity claim before a judicial or administrative tribunal at which he could …
Eliminating The Battle Of Experts In Criminal Insanity Cases, Henry Weihofen
Eliminating The Battle Of Experts In Criminal Insanity Cases, Henry Weihofen
Michigan Law Review
It is the purpose of this article to discuss certain procedural devices which have been adopted in some jurisdictions, designed to eliminate the ''battle of experts" which still disgraces criminal procedure in most of our states, and to replace it with a more impartial, more scientific, type of investigation.
Criminal Law-Confessions Obtained Prior To Commitment-What Constitutes Unreasonable Delay, B. J. George, Jr.
Criminal Law-Confessions Obtained Prior To Commitment-What Constitutes Unreasonable Delay, B. J. George, Jr.
Michigan Law Review
Defendants were arrested on suspicion of murder and questioned by police. Defendants confessed after being held incommunicado for some hours during the night, but were not arraigned until the following morning. The confessions were admitted in evidence and defendants found guilty. On appeal, held, affirmed. There had not been an unreasonable delay in producing defendants before a commissioner, because the length of time in hours was not unreasonable and because committing magistrates are not available late at night. Garner v. United States, (App. D.C., 1949) 174 F. (2d) 499.
Criminal Law-Indictment And Information-Variance Between Allegation And Proof, Daniel A. Isaacson S.Ed.
Criminal Law-Indictment And Information-Variance Between Allegation And Proof, Daniel A. Isaacson S.Ed.
Michigan Law Review
In a Texas prosecution for drunken driving, the complaint and information charged that the defendant " . . . on or about the 11th day of April, A.D. 1948 . . . did then and there unlawfully while intoxicated and while under the influence of intoxicating liquor, drive a motor vehicle . . . upon a public highway within said county, to-wit: U.S. Highway #108 about two miles north of the City of Stephenville, Texas .... " Upon conviction, defendant appealed, one ground being that the State had introduced evidence to the effect that he drove his automobile on Highway …
Sales-Criminal Law- Elements Of Unlawful Sale Of Narcotics, Robert W. Shadd
Sales-Criminal Law- Elements Of Unlawful Sale Of Narcotics, Robert W. Shadd
Michigan Law Review
Appellant, known to be peddling morphine, was contacted by a federal narcotic inspector who posed as a prospective purchaser. A price having been agreed upon, appellant permitted the inspector to handle and examine several of the tablets. After stating that he would take the drug, the inspector placed appellant under arrest. From a conviction of selling narcotics in violation of the Harrison Act, appellant appealed. Held, affirmed. A sale of narcotics is not complete without payment of the purchase price or delivery, but the facts here warranted a jury in finding that delivery was made. Barnett v. United States …
Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr.
Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr.
Michigan Law Review
Defendant was indicted for murder by a grand jury. The trial court denied a motion by defendant requesting that the district attorney be ordered to furnish him with a transcript of the evidence offered before the grand jury. On appeal, held, affirmed. It was within the discretion of the trial court to grant or refuse the motion. Commonwealth v. Galvin, (Mass. 1948) 80 N.E. (2d) 825.
Evidence--Criminal Law--Cross-Examination Of Accused's Character Witness Concerning Accused's Prior Arrest, C. C. Grunewald S. Ed.
Evidence--Criminal Law--Cross-Examination Of Accused's Character Witness Concerning Accused's Prior Arrest, C. C. Grunewald S. Ed.
Michigan Law Review
On trial in a district court for bribing a federal revenue agent, defendant called five witnesses to testify to his good reputation. During cross-examination by the district attorney, the character witnesses were asked: ''Did you ever hear that on October 11, 1920, the defendant was arrested for receiving stolen goods?" The trial judge overruled the objection to the question, and the witnesses answered in the negative. The prosecutor exhibited a paper record of this arrest to the court. The judge instructed the jury that the question was to test the standard of the character evidence only, not to establish the …
Criminal Law-Evidence-Silence To Accusation While Under Arrest As Admission Of Guilt, Colvin A. Peterson, Jr.
Criminal Law-Evidence-Silence To Accusation While Under Arrest As Admission Of Guilt, Colvin A. Peterson, Jr.
Michigan Law Review
Defendant was convicted of murder. Before the victim died, defendant, handcuffed and in custody of police, had been taken to the hospital room where the victim lay. Eight witnesses were present at the time, and each testified that the victim pointed out the defendant as her assailant. At the trial the witnesses were permitted to testify that when accused of the crime, defendant stood by silently, saying and doing nothing, although it also appeared that he had been told by the police chief to ''keep your mouth shut." The prosecution capitalized upon defendant's silence as an admission of guilt. On …
Criminal Law-Requisite Mental Element In Criminal Assault, Charles Hansen
Criminal Law-Requisite Mental Element In Criminal Assault, Charles Hansen
Michigan Law Review
Defendant was driving his car after dark at a speed greatly in excess of that prescribed by a local ordinance. While proceeding in this fashion, the car overtook and struck a bicycle, severely injuring a passenger thereon. From a conviction of criminal assault of the passenger, defendant appealed. Held, affirmed. The necessary intent to injure a specific passenger of a vehicle may be inferred from the recklessness evidenced by driving at night at a speed greatly exceeding the statutory limit. Wellons v. State, (Ga. App. 1948) 48 S.E. (2d) 925.
Criminal Law-Withdrawal Of A Plea Of Guilty, Andrew W. Lockton, Iii S.Ed.
Criminal Law-Withdrawal Of A Plea Of Guilty, Andrew W. Lockton, Iii S.Ed.
Michigan Law Review
Defendant pleaded guilty to a charge of statutory rape. After questioning him the court accepted his plea, and sentence was deferred pending an investigation by the probation and psychopathic departments. Before being sentenced, defendant requested that his plea be changed but did not deny that he was guilty. The court refused his request and sentenced him. Held, defendant should have been allowed to withdraw his plea of guilty. People v. Anderson, 321 Mich. 533, 33 N.W. (2d) 72 (1948).
Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée
Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée
Michigan Law Review
Defendant X owned a non-registered automobile which was parked on a public way by defendant Y, an agent of X. The keys were left in the car in violation of a statute. Later in the same day the car was stolen. Plaintiff, a pedestrian, was injured by the thief's negligent operation of the car. In an action to recover for the injury, a verdict was directed for defendants. On appeal, held, affirmed. As a matter of law, defendant's action in allowing a non-registered automobile containing its keys to remain on a public way was not the proximate …
Criminal Law - Statutory Interpretation - Possession Of Gambling Devices As Misdemeanor, Richard B. Gushée
Criminal Law - Statutory Interpretation - Possession Of Gambling Devices As Misdemeanor, Richard B. Gushée
Michigan Law Review
In raiding a warehouse, a sheriff found forty-six dust-covered slot machines with payoff slots covered and containing no payoff mechanisms. There was no evidence that the machines had ever been used. Appellant had rented the warehouse for the purpose of storing the machines. His testimony showed that he owned the machines and was a dealer engaged in buying and selling them. He was indicted under a statute reading: "Any person who, by himself or with another, shall keep, maintain, employ, or carry on any lottery or other scheme or device for the hazarding of any money or valuable thing shall …
Constitutional Law-Procedural Due Process In Criminal Cases-Adequacy Of Remedies In State Courts To Raise The Questions, David H. Armstrong S.Ed.
Constitutional Law-Procedural Due Process In Criminal Cases-Adequacy Of Remedies In State Courts To Raise The Questions, David H. Armstrong S.Ed.
Michigan Law Review
This comment will not attempt to consider the guarantees of a fair trial, but will deal with the remedies available to a person confined in a state prison in his attempt to secure relief on the ground of an asserted violation of such guarantees in the conduct of his trial.
Parties-Postmaster General As Indispensable Party To Injunction Against Local Postmaster, Ralph J. Isackson
Parties-Postmaster General As Indispensable Party To Injunction Against Local Postmaster, Ralph J. Isackson
Michigan Law Review
The Postmaster General, after a hearing in Washington, D.C., found petitioners' business fraudulent, and issued a fraud order directing respondent, the local postmaster, to stamp "fraudulent" on all mail addressed to petitioners and return it to the senders. The petitioners sued, without joining the Postmaster General, to enjoin respondent from carrying out the order. The federal district court dismissed the complaint, and the circuit court affirmed. On certiorari, held, reversed. The Postmaster General is not an indispensable party if the decree restraining the local postmaster will give the relief desired without requiring any action on the part of the …
Carr: Federal Protection Of Civil Rights: Quest For A Sword, Michigan Law Review
Carr: Federal Protection Of Civil Rights: Quest For A Sword, Michigan Law Review
Michigan Law Review
A Review of FEDERAL PROTECTION OF CIVIL RIGHTS: QUEST FOR A SWORD. By Robert K. Carr.
Criminal Law-Failure Of Accused To Testify--Extent Of Judge's Instruction In Federal Courts, Carson C. Grunewald
Criminal Law-Failure Of Accused To Testify--Extent Of Judge's Instruction In Federal Courts, Carson C. Grunewald
Michigan Law Review
In a prosecution against defendant for violation of the White Slave Traffic Act, the trial judge instructed the jury that defendant's failure to testify should not be considered by them in determining his guilt or innocence. On appeal from conviction, held, there was no error in this instruction. United States v. Fleenor, (C.C.A. 7th, 1947) 162 F. (2d) 935.
Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft
Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft
Michigan Law Review
Defendant was convicted of the crime of negligent homicide and appealed, alleging that the Louisiana statute, making violation of a statute or ordinance presumptive evidence of criminal negligence, was repugnant to the due process clauses of the state and federal constitutions. Held, affirmed. The effect of the statute is merely to shift the burden of introducing evidence of one element of the crime charged: that of criminal negligence. The presumption does not operate as a prima facie presumption of guilt of the crime -and the state must still prove every element of the offense. State v. Nix, (La. …
Criminal Law-Incompetence Of Defense Counsel As Ground For New Trial, Irving Slifkin
Criminal Law-Incompetence Of Defense Counsel As Ground For New Trial, Irving Slifkin
Michigan Law Review
To represent the defendant, accused of robbery, the court at public expense, appointed an attorney, designated the "public defender." After conviction, the defendant, by another attorney, petitioned for a writ of error coram nobis on the ground that his attorney had made only a perfunctory defense because of his incompetence and negligence. The petition having been denied in the circuit court, the defendant appealed to the Indiana Supreme Court. Held, affirmed. When the record shows no incompetence or negligence on the part of the defense counsel prejudicial to the accused, a writ of error coram nobis will not be …
Criminal Law-Resentence-Right To Credit For Time Served Under Void Sentence, Bruce L. Moore
Criminal Law-Resentence-Right To Credit For Time Served Under Void Sentence, Bruce L. Moore
Michigan Law Review
Plaintiffs in error were convicted and sentenced from one to twenty years with recommendations that they serve four to five years. On writ of error, the judgment in each case was reversed and the cause was remanded for entry of a proper sentence· because the statute under which sentence was imposed was unconstitutional. A new sentence of from one to twenty years was imposed in each case. Plaintiffs in error had served three and one-half years in the one case, and over four years in the other case, under the original sentence. Error is assigned because no credit was allowed …
Criminal Law-National Stolen Property Act--Application Of Kann V. United States, Edward S. Tripp
Criminal Law-National Stolen Property Act--Application Of Kann V. United States, Edward S. Tripp
Michigan Law Review
Defendant, as payee, knowingly negotiated forged checks at Jackson, Michigan. The checks were forwarded to the drawee bank in Missouri for payment and were returned unpaid. Defendant was convicted for violation of the National Stolen Property Act. The Circuit Court of Appeals for the Sixth Circuit reversed on authority of Kann v. United States. On certiorari to the United States Supreme Court, held, reversed. The circuit court erred in basing its interpretation of the National Stolen Property Act on Kann v. United States. Two justices dissented without opinion. United States v. Sheridan, (U.S. 1946) 67 S. …
Taxation-Income Tax-Embezzled Funds As Income, Milton D. Solomon S.Ed.
Taxation-Income Tax-Embezzled Funds As Income, Milton D. Solomon S.Ed.
Michigan Law Review
In the tax year in question, the taxpayer embezzled funds that came into his hands in his capacity as a bookkeeper for a transfer and warehouse company in Reno, Nevada. He lost practically all of this money in various gambling houses. The taxpayer was convicted and sentenced for the crime of embezzlement and was paroled in 1943. The Commissioner determined that the taxpayer was required to report the amount embezzled in 1941 as income received in that year and asserted a tax deficiency. The Tax Court sustained the Commissioner and the circuit court of appeals reversed. Held, the embezzled …
Criminal Law And Procedure-Recent Developments-(A Service For Returning Veterans), John B. Waite
Criminal Law And Procedure-Recent Developments-(A Service For Returning Veterans), John B. Waite
Michigan Law Review
In discussing developments of the criminal law during the war years it is convenient to group them into the three conventional divisions-substantive, procedural, and penal.
Criminal Law-A Study Of Statutory Blackmail And Extortion In The Several States, Alice Kramer Griep
Criminal Law-A Study Of Statutory Blackmail And Extortion In The Several States, Alice Kramer Griep
Michigan Law Review
In attempting to define the crime of extortion or blackmail, it must be pointed out at the outset that there is a technical crime known as extortion, which stems from the common law, and there is another statutory crime which may be called extortion or blackmail, this latter crime being what the lawyer and laymen usually refer to by the term blackmail. Extortion at common law was the unlawful taking by an officer, by color of his office, of any money or thing of value that was not due him, or more than was due, or before it was due. …