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Articles 451 - 480 of 636
Full-Text Articles in Criminal Law
Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen
Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen
Michigan Law Review
On an information charging the possession of "a certain habit forming drug, to wit: Marijuana . . . in violation of section 158, Chapter 91, Illinois Revised Statutes (1935)," defendant was convicted in the municipal court of Chicago. The Illinois adoption of the Uniform Narcotic Drug Act made the possession of "any narcotic drug" unlawful; defined "narcotic drugs" to include "cannabis"; and stated that "Cannabis includes the following substances, under whatever names they may be designated: (a) The dried flowering or fruiting tops of the pistillate plant Cannabis Sativa L.," from which the resin has not been extracted; (b) the …
Aliens - Deportation - Crimes Involving Moral Turpitude, John H. Uhl
Aliens - Deportation - Crimes Involving Moral Turpitude, John H. Uhl
Michigan Law Review
The petitioner in this case was an alien who had been convicted of smuggling into and concealing within the United States illegally imported alcohol. He was sentenced to serve a year and a day in a federal penitentiary. Upon his release, he was arrested and ordered deported under the Immigration Act of 1917, as an alien who after February 5, 1917 was sentenced to imprisonment for a term of more than a year because of conviction in this country of a crime involving moral turpitude, committed within five years after his entry to the United States. Petitioner seeks release on …
Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review
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
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) …
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Michigan Law Review
The sex offender has become an acute problem. Sociologists, psychiatrists, and lawyers sensing the imperative need for action have devoted much time and thought to the questions involved. Experience has shown that the sex offender is generally a recidivist; he has to be arrested and committed repeatedly for the same type of crimes. The point is graphically illustrated by the case of a man, fifty-nine years of age, arrested recently in Detroit for a sex offense involving a youth. An examination of his record showed that he had been arrested in 1899, when twenty-one years of age, on charges involving …
Criminal Law And Procedure - Essential Definiteness Of Criminal Statutes - Automobile Regulations, Robert Meisenholder
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).
Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher
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
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 And Procedure - Appeal By State - Constitutionality Of Statutes-Due Process Of Law, Edward D. Ransom
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
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?
Insurance - Execution For A Criminal Offense, Herman J. Bloom
Insurance - Execution For A Criminal Offense, Herman J. Bloom
Michigan Law Review
The insured was convicted and legally executed for the crime of rape. The beneficiary sued on a life insurance policy which contained no express exemption from liability in the event of death resulting from the legal execution of the insured. The court held that the beneficiary was entitled to recover under the public policy as declared in the constitutional provision against corruption of blood and forfeiture of estate. Progressive Life Insurance Co. v. Dean, (Ark. 1936) 97 S. W. (2d) 62.
Criminal Law And Procedure - Habitual Criminal Act - Prior Convictions - Pleading And Trial
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 …
Criminal Law And Procedure - Fraudulent Deprivation Of Possessory Lien As Larceny
Criminal Law And Procedure - Fraudulent Deprivation Of Possessory Lien As Larceny
Michigan Law Review
Defendant engaged a furrier to repair her fur coat. After the repairs were completed, she obtained possession of the coat on the pretense of trying it on and refused to return it or to pay for the work done. She was charged with grand larceny, the theory of the prosecution being that she feloniously deprived the furrier of his property (his repairmen's lien). Held, conviction affirmed. The court seemed to say that the value of the coat rather than the amount of the lien determined the degree of the larceny. State v. Cohen, (Minn. 1935) 263 N. W. …
Trusts-Liability Of Trust Estate For Torts Of Trustee
Trusts-Liability Of Trust Estate For Torts Of Trustee
Michigan Law Review
Defendants, trustees of land which had been leased for years to plaintiff, demanded that plaintiff stop removing crops from the land until the past-due rent was paid. Such a removal of crops was a criminal offense by South Carolina statute. In a suit for libel against the defendants in their representative capacity, held, defendants' demurrer sustained. Ross v. Moses, 175 S. C. 355, 179 S. E. 757 (1935).
Criminal Law-Misconduct Of Attorneys During Trial-Possible Remedies
Criminal Law-Misconduct Of Attorneys During Trial-Possible Remedies
Michigan Law Review
Petitioner was indicted in a federal district court charged with having conspired with others to utter counterfeit Federal Reserve Bank notes. The case against the accused was weak. The prosecuting attorney in his arguments to the jury and in the examination of witnesses persisted over defendant's objections in making improper suggestions, insinuations and unproved assertions of personal knowledge, all highly unfavorable to defendant's case. The district court sustained objections to some of the questions but the case was submitted to the jury and defendant found guilty. Defendant appealed. Held, the misconduct of the prosecuting attorney being prejudicial to defendant …
Criminal Law And Procedure -Attempt To Commit Murder
Criminal Law And Procedure -Attempt To Commit Murder
Michigan Law Review
The accused had repeatedly threatened to kill one Albert Jeans. Subsequently the accused, armed with a rifle, was seen to approach a number of men among whom was Jeans working in a field. The workmen saw him pause, apparently load the rifle, and proceed toward Jeans. When about two hundred yards from Jeans, he was intercepted by one of the workmen who took the rifle from him, the accused offering no resistance. The rifle was found to be loaded. The court held that there was sufficient evidence of overt acts on the part of the defendant to constitute an attempt …
Criminal Law And Procedure - Indecent Exposure - Nudism
Criminal Law And Procedure - Indecent Exposure - Nudism
Michigan Law Review
The two recent cases of People v. Ring and People v. Burke have raised the interesting question of the legal position in this country of the practice of organized nudism. Inasmuch as the decisions are difficult to reconcile, the result is somewhat disconcerting.
Criminal Law And Procedure -Automobiles -Violation Of Traffic Regulations - Liability Of Registered Owner
Michigan Law Review
A traffic ordinance of the city of Boston provided, "No person shall allow, permit, or suffer any vehicle registered in his name to stand or park in any street . . . in violation of any of the rules and regulations of the Traffic Commission of the City of Boston." Under this ordinance defendant, the registered owner of a car, was convicted of overtime parking without any evidence that she herself had parked the vehicle. Defendant appealed. Held, under an ordinance such as this absence of criminal intent makes no difference and the registered owner is criminally liable. Commonwealth …
Physicians And Surgeons-When Physician Obliged To Disclose Information Gained Through Doctor-Patient Relation
Michigan Law Review
In April of this year a Minnesota physician, Dr. Clayton E. May, treated for gunshot wounds a certain undesirable person, John Dillinger, very much in demand by the police. He further neglected to inform the police concerning his ministrations, and as a result, was tried in a federal court on a charge of harboring a fugitive wanted under a federal warrant, found guilty, and sentenced to serve two years in a penitentiary and to pay a fine of $1,000. Said a prominent English medical journal in commenting on the case: " . . . colleagues in every country will applaud …
Criminal Law And Procedure-Larceny-Hunger And Want As Defense
Criminal Law And Procedure-Larceny-Hunger And Want As Defense
Michigan Law Review
A large group of unemployed marched on a Red Cross commissary to request a larger ration of flour. After locating the chairman and being answered with a firm and final refusal, a large part of the group went into a private store and carried off groceries without paying for them. At the trial the appellants offered to prove conditions of poverty and want among the unemployed of that county on and prior to the date of the raid, for the purpose of showing a purpose and justification for the raid. Held, such evidence was correctly excluded. State v. Moe …
Criminal Law And Procedure - Statutory Construction
Criminal Law And Procedure - Statutory Construction
Michigan Law Review
The rule of strict construction of criminal statutes is fortified and established by innumerable cases of both recent and early vintage. Chief Justice Marshall, in the leading American case of United States v. Wiltberger, said, "The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself."
Evidence - Admissibility Of Blood-Group Test
Evidence - Admissibility Of Blood-Group Test
Michigan Law Review
The old axiom, "blood will tell," has been given a new lease on life by the work of biochemists and hereditists in the last thirty years. At the beginning of the twentieth century a scientist, Karl Landsteiner, working on the means to make blood transfusions safe, discovered that the New Testament saying, the Almighty "hath made of one blood all nations of men," is not true. He found that human blood is divided into four groups, characterized by the possession or non-possession of certain substances in the serum and the corpuscles of the blood. If one puts a little blood …
Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment
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. …
Constitutional Law - Federal Control Over Crime - Scope Of Power To Regulate Crime Under The Commerce Clause
Michigan Law Review
The increase of criminal activities interstate in scope, and the growing dissatisfaction with state enforcement of local laws, have focused attention of late upon the power of Congress to regulate crime under the commerce clause of the Constitution. Outstanding among proposals for congressional legislation are the following: making interstate felonies federal offenses; punishing criminals who flee across state lines after committing a crime; and restricting the sale and transportation of firearms. Most, if not all, of this suggested legislation must rest on the commerce clause for its validity. We purpose here to discuss the nature and scope of this power, …
Criminal Law And Procedure - "Public Enemy" Statutes - Constitutionality
Criminal Law And Procedure - "Public Enemy" Statutes - Constitutionality
Michigan Law Review
Defendants were convicted of the crime of being disorderly persons within the meaning of section 167, Michigan Public Acts, 1931, No. 328, which provided that "any person who engages in an illegal occupation or business . . . shall be deemed a disorderly person. Proof of recent reputation for engaging in an illegal occupation or business shall be prima fade evidence of being engaged in an illegal occupation or business." Police officers testified as to the reputation of the defendants for being bootleggers, stick-up men, robbers, and murderers. Held, that section 167 of the statute is unconstitutional and void …
Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite
Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite
Michigan Law Review
Lawyers are beginning to recognize, though slowly, that enforcement and administration of law are affected more by the psychological conditioning and the character of its administrators than by the content of the law itself. This basis of difference is well demonstrated by some data of Chicago criminal court operations as compared with similar proceedings before Detroit judges.
Criminal Law And Procedure -The Defense Of Entrapment
Criminal Law And Procedure -The Defense Of Entrapment
Michigan Law Review
A government agent, acting incognito, gained the confidence of the defendant by reminiscing over old war experiences. In the course of the conversation the agent repeatedly urged the defendant to secure for him a quantity of liquor. The defendant repeatedly refused, but finally acquiesced. Held, that there had been an entrapment, the court entering into a discussion of the theory of the defense. Sorrells v. United States, (U.S. 1932) 53 Sup. Ct. 210.
Intoxicating Liquors - Nuisance -Abatement
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 …
Criminal Law And Procedure - Homicide - Causal Relation Between Defendant's Unlawful Act And The Death
Michigan Law Review
Though the books are replete with homicides in which the elusive doctrine of proximate cause has vexed both courts and commentators, it may be ventured that no case has more strikingly run the gamut of proximate cause perplexities than Stephenson v. State. There it appeared that the deceased, an unmarried girl of good reputation and social standing, had been drugged and then raped by defendant in circumstances of the most atrocious brutality. In her dying declaration, admitted by the trial court into evidence, she deposed that "he chewed her all over her body; bit her neck and face; chewed …
Criminal Law And Procedure - Aiding And Abetting
Criminal Law And Procedure - Aiding And Abetting
Michigan Law Review
Defendant and companion committed a holdup and robbery. Defendant's companion carried a pistol but did not have a license to do so. Defendant was unarmed. Held, that defendant was guilty of the offense of carrying a pistol without having first secured a license. Vinson v. State, (Ga.App. 1932) 164 S. E. 209.