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University of Michigan Law School

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Articles 721 - 750 of 808

Full-Text Articles in Criminal Procedure

Criminal Law And Procedure - Non-Unanimous Verdicts - Constitutionality Nov 1936

Criminal Law And Procedure - Non-Unanimous Verdicts - Constitutionality

Michigan Law Review

An amendment to section 11, article 1 of the constitution of the state of Oregon permitted the concurrence of ten of the twelve jurors to control in criminal trials except in cases of murder in the first degree. It was claimed that this amendment discriminated against persons charged with second degree murder and in favor of those on trial for first degree murder, since in the latter case the jury could recommend life imprisonment which was the punishment prescribed in the former. The court held that there was no violation of the Fourteenth Amendment of the Federal Constitution. State v. …

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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 …

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The Right Of Appeal In Criminal Cases, Lester B. Orfield May 1936

The Right Of Appeal In Criminal Cases, Lester B. Orfield

Michigan Law Review

In the conduct of a criminal proceeding certain steps are regarded as essential. The accused must be brought before the court. There must be a preliminary investigation to insure that the case is one which should be prosecuted. Notice must be given to the accused of the offense charged. He must have an opportunity to prepare for trial, procure witnesses, and make needed investigations. He should have a speedy trial. He should have a fair trial before an impartial tribunal. Finally, there should be one review of the case as a whole by a suitable tribunal. The principle of a …

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Criminal Law And Procedure--Insanity--Irresistible Impulse (Kleptomania) Feb 1936

Criminal Law And Procedure--Insanity--Irresistible Impulse (Kleptomania)

Michigan Law Review

In a prosecution for larceny, held that under a Minnesota statute evidence that defendant had an irresistible impulse to steal could not establish the defense of insanity. State v. Simenson, (Minn. 1935) 262 N. W. 638.

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Practice And Procedure - Reversal On Confession Of Error By Prosecutor Nov 1935

Practice And Procedure - Reversal On Confession Of Error By Prosecutor

Michigan Law Review

On appeal accused assigned as error the failure of the trial court to sustain his motion for a directed verdict of not guilty. The prosecutor, convinced by facts dehors the record of the innocence of the accused, confessed error. Held, confession of error does not per se justify reversal; the court must find error in the record. Parlton v. United States, (App. D. C. 1935) 75 F. (2d) 772.

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The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe May 1935

The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe

Michigan Law Review

For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.

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Criminal Law And Procedure - Right Of Accused To Be Present At Trial May 1935

Criminal Law And Procedure - Right Of Accused To Be Present At Trial

Michigan Law Review

In a prosecution for bank robbery, testimony of a witness which did not connect the accused with the crime and merely served to qualify the witness was received during the unnoticed and involuntary absence of the accused. No objection was made by the counsel for the accused who was present at the time. When the accused's absence was discovered, the motion of counsel that the cause be withdrawn from the jury was overruled and the court admonished the jury not to consider the testimony. Appellant contended that he had been denied a right and that therefore injury must be presumed. …

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Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile May 1935

Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile

Michigan Law Review

The recent decision of the Supreme Judicial Court of Massachusetts in the case of Commonwealth v. Ober has brought to the fore a serious administrative problem arising out of the enforcement of traffic regulations. The problem is particularly acute in the illegal parking cases. Here it is usually impossible for the policeman to do more than tag the car, take down its registration number, and institute proceedings against the registered owner. The difficulty also often occurs in many other situations such as driving through red lights or stop streets where the offense is observed by a patrolman standing near by …

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Criminal Law And Procedure - Statute Of Limitations - Time Of Commission Of Offense Matter Of Defense Or Of Jurisdiction Mar 1935

Criminal Law And Procedure - Statute Of Limitations - Time Of Commission Of Offense Matter Of Defense Or Of Jurisdiction

Michigan Law Review

Defendant pleaded guilty to rape and was sentenced to imprisonment upon an indictment which showed upon its face that the period allowed by the statute of limitations had elapsed since the offense charged had been committed, and there were no allegations setting forth an exception to the running of the statute. Later, defendant moved to set aside the judgment on the ground that the court lacked jurisdiction. Held, the judgment was void and the defendant should be released. People v. McGee, (Cal. 1934) 36 Pac. (2d) 378.

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Criminal Law And Procedure-Admissibility Of Evidence-Rule As To Determination Of Preliminary Question Of Fact Jan 1935

Criminal Law And Procedure-Admissibility Of Evidence-Rule As To Determination Of Preliminary Question Of Fact

Michigan Law Review

Following his arrest for murder, the defendant was held thirty-six hours before being arraigned for the purpose of obtaining a confession. On trial the defendant objected to introduction of the confession on the ground that it was involuntary, having been induced by wrongful detention and beating by the police. Held, failure, after due request, to instruct the jury that unnecessary delay in arraignment is prohibited by law and that such delay might be considered in determining whether or not the confession was voluntary was reversible error. People v. Alex, (N. Y. 1934) 192 N. E. 289.

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Criminal Law And Procedure - Inexperience Of Defense Attorney As Denial Of Fair Trial Jan 1935

Criminal Law And Procedure - Inexperience Of Defense Attorney As Denial Of Fair Trial

Michigan Law Review

Defendant was convicted of first degree murder and sentenced to be electrocuted. He now claims he was denied a fair trial as the attorney appointed by the circuit court to defend him was inexperienced, having practiced only thirteen months. Held, that inasmuch as the nature and extent of the attorney's practice was not shown and the record showed the defense was carried on in a highly creditable manner, the inexperience of defendant's attorney was not a denial of a fair trial. McGuire v. State, ( Ark. 1934) 74 S. w. (2d) 235.

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Criminal Law And Procedure - Right Of Defendant To Accompany Jury On View-Due Process Dec 1934

Criminal Law And Procedure - Right Of Defendant To Accompany Jury On View-Due Process

Michigan Law Review

During the trial of appellant in the Massachusetts courts for murder the jury was sent to view the scene of the crime. The accused asked that he be allowed to accompany them, invoking the protection of the Fourteenth Amendment. Permission was refused. At the view, judge and counsel being present, a stipulation was entered into as to changes which had occurred since the crime. Upon conviction, appellant appealed to the United States Supreme Court asserting that there had been a denial of due process. Held, four justices dissenting, that there had been no denial of due process since no …

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Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case Dec 1934

Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case

Michigan Law Review

The defendant, being tried in a federal district court on an indictment for conspiracy to violate the prohibition law, offered his wife as a witness in his behalf. The district court, following what it concluded to be the established rule of the federal courts, refused to allow her to testify. The circuit court of appeals affirmed this ruling without discussing the point. Certiorari was granted by the Supreme Court, limited to the question as to what law was applicable in determining the competency of the wife. Held, that the federal courts have the power to determine for themselves the …

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Criminal Law And Procedure - Instruction As To The Reasonable Doubt Of Each Juror Nov 1934

Criminal Law And Procedure - Instruction As To The Reasonable Doubt Of Each Juror

Michigan Law Review

The accused in a criminal prosecution requested, in addition to a general charge on reasonable doubt, an instruction stating, "The court instructs the jury that if after the consideration of the whole case, any juror entertains a reasonable doubt of the defendant's guilt it is the duty of such juror so entertaining such doubt, not to vote for a verdict of guilty, or be influenced in so voting for the single reason that a majority of the jury might be in favor of a verdict of guilty:" This instruction was refused and the defendant appealed from his conviction. Held, …

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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. …

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Criminal Law And Procedure-Former Jeopardy-Tests Of "Same Offence Feb 1934

Criminal Law And Procedure-Former Jeopardy-Tests Of "Same Offence

Michigan Law Review

The provision in the state and federal constitutions that one may not be put in jeopardy twice for the same offense is merely declaratory of the common law, and is in effect in all jurisdictions. However, there is often great difficulty in determining when offenses are the same. Several tests to determine the identity of offenses have been employed.

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Criminal Law And Procedure - Indictments - Resubmission To Grand Jury Jun 1933

Criminal Law And Procedure - Indictments - Resubmission To Grand Jury

Michigan Law Review

The defendant was charged with criminal homicide but the grand jury refused to find a true bill. Two more bills were sent to the grand jury, identical in terms with the first. The third was returned a true bill. Defendant claimed error in overruling his motion to quash the indictment. Held, the motion to quash the indictment should have been granted as the subsequent bills were improper. State v. Ledford, (N. C. 1932) 166 S. E. 917.

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Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance Jun 1933

Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance

Michigan Law Review

At the suit of X Traction Company defendants had been enjoined from operating busses along streets upon which plaintiff operated its cars. The latter .filed an information in the name of the State charging the defendants with wilful violation of the restraining order, and moved for an attachment for contempt, and for the infliction of "such penalties as are or may be necessary to compel observance." Defendants filed motions to discharge, and also answers for the purpose of purging themselves of the alleged contempt. Upon trial, at which evidence was received, the court found defendants guilty, and levied fines. Defendants …

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Criminal Law And Procedure - Conspiracy - Conviction Of Woman Transported In Violation Of Mann Act May 1933

Criminal Law And Procedure - Conspiracy - Conviction Of Woman Transported In Violation Of Mann Act

Michigan Law Review

Defendants, a man and woman, were indicted and convicted under the conspiracy statute for conspiring together to violate the Mann Act, the only evidence of the woman's cooperation being her mere consent to transportation for immoral purposes. The conviction was affirmed by the court of appeals, and reversed by the Supreme Court of the United States on the ground that the evidence was insufficient to support the conviction of the woman. Gebardi v. United States, (U.S. 1932), 53 Sup. Ct. 35.

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Criminal Law And Procedure-Instructions To Jury May 1933

Criminal Law And Procedure-Instructions To Jury

Michigan Law Review

Defendant was indicted for unlawful possession of liquor. He offered no substantial defense, and the trial judge, in charging the jury, said that while they were sole judges of the facts, "that on the undisputed evidence this man is guilty, and it is your duty to convict him." On appeal, the circuit court held that the charge, while drastic, was not error, as there were no controverted facts, and hence nothing for the jury to do but convict. United States v. Notto, (C. C. A. 2d, 1932) 61 F. (2d) 781.

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Public Policy And The Arrest Of Felons, John Barker Waite Apr 1933

Public Policy And The Arrest Of Felons, John Barker Waite

Michigan Law Review

Under the judicial rulings of a score of States, it may happen that a man is arrested for the crime of carrying concealed weapons, that irrefutable evidence of guilt is found upon him, and that he nevertheless evades conviction and punishment because the courts will not permit the evidence to be used. It not only may happen; it does actually occur with shocking and incredible frequency. Yet oddly enough this practice appears to be in flat conflict with the statute law of some of those States and with the provisions of the model Code of Criminal Procedure recently approved by …

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Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases Apr 1933

Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases

Michigan Law Review

The defendant was indicted under a criminal statute making it a misdemeanor for agents and officers to transact business for any foreign corporation which had failed to comply with certain statutory requirements for conducting business in Maryland. The trial judge instructed the jury that if they believed the evidence to he true he was of the opinion that the defendant was an agent within the meaning of the statute. He cautioned them, however, that they were by article 15, sec. 5, of the constitution made judges of the law as well as fact and that his opinion as to the …

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Criminal Law And Procedure - Perjury As Contempt-Statutory Construction Apr 1933

Criminal Law And Procedure - Perjury As Contempt-Statutory Construction

Michigan Law Review

Defendant was summoned for jury duty in a celebrated mail fraud case. On voir dire examination she deliberately concealed the fact that at one time the defendants had been her employers, and falsely stated that her mind was free from bias. Accepted as a juror, she attempted to discredit the government's case to fellow jurors, refused to listen to their arguments, and after one week's deliberation in the jury room continued to cast the only vote for acquittal. Held, that this conduct was a contempt of court in that it was an obstruction of the processes of justice. Clark …

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Jury-Evidence-Privilege Of Jury Deliberations Apr 1933

Jury-Evidence-Privilege Of Jury Deliberations

Michigan Law Review

The extent to which affidavits of jurors anent proceedings in the jury room can be used, when not aimed at impeaching their verdict, is a question upon which there is little affirmative authority. The law seems clear since Bushell's case that a juror cannot be punished for his finding of fact; what is more, his vote within the jury room as well as his debates seem to be privileged absolutely on grounds of policy.

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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 …

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Criminal Law And Procedure-Jury Mar 1933

Criminal Law And Procedure-Jury

Michigan Law Review

In examining a prospective juror in a homicide case, the court asked him whether he had formed and expressed an opinion as to the guilt or innocence of the prisoner at the bar from having seen the crime committed or having heard any of the evidence delivered on oath. The venireman "shook his head and said no," but added that he had heard the case discussed a good deal and would rather not serve. Held, that he was not disqualified. Smallwood v. State, (Ga. App. 1932) 165 S. E. 476.

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Criminal Law And Procedure - Sufficiency Of Information Mar 1933

Criminal Law And Procedure - Sufficiency Of Information

Michigan Law Review

In an information for murder, after a definite statement of time and place it was charged that the defendant "did then and there . . . shoot, wound and kill" the deceased. On appeal from the order of the lower court overruling his demurrer to the information, the defendant contended that the information was defective in that it failed to allege death within a year and a day or that the deceased died in the county where the information was filed. Held, both time and place were sufficiently stated and the demurrer was properly overruled. State v. Stone, …

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Duress -Threats Of Prosecution - Illegality Mar 1933

Duress -Threats Of Prosecution - Illegality

Michigan Law Review

Plaintiff filed a bill for cancellation, on the ground of duress or illegality, of a mortgage given by her to the defendant. The mortgage was induced by a promise of the defendant's attorney to use his influence to procure the release from jail of the mortgagor's husband and the dismissal of criminal proceedings originally brought against him by the defendant. Held, there was no duress, and no fraud or deceit was practiced upon the court or court officials, so relief must be denied. Wilhelm v. King Auto Finance Co., (Mich. 1932) 244 N. W. 130.

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Criminal Law And Procedure - Preliminary Examination Dec 1932

Criminal Law And Procedure - Preliminary Examination

Michigan Law Review

A statute provided: "No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor as provided by law before a magistrate, unless such person shall waive such right. . . . " The defendant was complained against before a magistrate on a charge of grand. larceny. The magistrate refused to hold the accused on such charge but held him to answer on a charge of receiving stolen property. The prosecutor filed an information charging grand larceny. The defendant moved to quash the information on the ground that he had had …

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Equity-Injunction Against Criminal Proceedings Nov 1932

Equity-Injunction Against Criminal Proceedings

Michigan Law Review

The possessor of certain slot machines filed a bill in equity to enjoin police interference with their operation. Although the machines, as operated, sold mints for each coin played and occasionally vended tokens which allegedly had no exchange value, they could be changed, by the removal of a pin, into an actual gambling device. The court held in Chambers v. Bachtel, that the bill should be dismissed.

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