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Articles 11611 - 11640 of 12089
Full-Text Articles in Criminal Procedure
Procedure, Section Iii - Objections, Right To Appeal (Survey Of Virginia Case Law - 1955), James P. Mcgeein
Procedure, Section Iii - Objections, Right To Appeal (Survey Of Virginia Case Law - 1955), James P. Mcgeein
William and Mary Review of Virginia Law
No abstract provided.
Pending Peril And The Right To Search Dwellings, Max Deberry, Gerhard O. W. Mueller
Pending Peril And The Right To Search Dwellings, Max Deberry, Gerhard O. W. Mueller
West Virginia Law Review
No abstract provided.
Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.
Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.
Michigan Law Review
The prisoner had been convicted of murder in the state court. He brought a habeas corpus proceeding in federal district court to secure his release from custody on the ground that the conviction was based on a confession which was obtained by physical violence. The confession had been submitted to the jury, which was instructed to consider it only if it found that it was not obtained by duress or fear produced by threats. The district court granted the writ of habeas corpus. On appeal, held, affirmed. The district court could determine the facts of the case for itself. …
Criminal Procedure-Waiver Of Unanimous Jury Verdict In Federal Courts, Rinaldo L. Bianchi
Criminal Procedure-Waiver Of Unanimous Jury Verdict In Federal Courts, Rinaldo L. Bianchi
Michigan Law Review
Defendant was tried for two counts of felony. After twenty-seven minutes of deliberation the jury was unable to agree on either count, and the court asked the parties whether they would accept a majority verdict. Counsel for the defendant, after consulting with his client, consented, as did the United States Attorney. The jury found defendant guilty on both counts by a majority of nine to three and ten to two respectively. The court ordered a verdict to be filed and imposed a sentence. On appeal, held, reversed. A unanimous verdict is "the inescapable element of due process" and cannot …
Evidence-Hearsay-Admissibility Of Public Opinion Polls, John C. Hall S.Ed.
Evidence-Hearsay-Admissibility Of Public Opinion Polls, John C. Hall S.Ed.
Michigan Law Review
The Florida Supreme Court sustained the conviction of Irvin, a Negro, on a charge of rape, but the Supreme Court of the United States reversed and remanded the case. Defendant was granted a change of venue to Marion County, where he requested a second change of venue, claiming that the notoriety of his case had made him personally odious to the residents of Marion County. He attempted to introduce the results of a public opinion poll made by the Elmo Roper Research and Public Opinion Organization to support his claim. The field supervisor and the tabulator were called to testify …
Criminal Law - Trial - Duty Of Judge To Instruct On Lesser And Included Crimes, Paul A. Heinen S.Ed.
Criminal Law - Trial - Duty Of Judge To Instruct On Lesser And Included Crimes, Paul A. Heinen S.Ed.
Michigan Law Review
Appellant was one of four defendants who were charged in three separate counts of an indictment with the crimes of attempted robbery in the first degree, attempted grand larceny in the first degree, and assault in the second degree with intent to commit robbery and grand larceny. After all the evidence had been entered, the trial judge submitted only the count of attempted robbery to the jury, instructing them that they return a verdict of guilty or not guilty of that crime. The defense excepted to the court's refusal to submit the other counts charged in the indictment. The defendant …
Constitutional Law - Due Process - Privilege Against Self-Incrimination In State Criminal Proceedings, Frank M. Lacey
Constitutional Law - Due Process - Privilege Against Self-Incrimination In State Criminal Proceedings, Frank M. Lacey
Michigan Law Review
In March 1951, defendant, a New York City policeman, was called to testify before a state grand jury investigating the association of city policemen with the criminal element of Kings County. Existing laws required public officers to execute a waiver of immunity to prosecution for matters to which their testimony related, on pain of losing their positions. The defendant signed such a waiver, and shortly thereafter resigned from the police force. He was called before the same grand jury again in December 1952, and on this occasion was asked whether he had ever accepted bribes while a policeman. He refused …
Criminal Law—Coram Nobis, Arnold Liberman
Criminal Law—Coram Nobis, Arnold Liberman
Buffalo Law Review
People v. Hendricks, 308 N. Y. 486, 127 N. E. 2d 281 (1955).
Criminal Law—Grand Jury, Howard L. Meyer Ii
Criminal Law—Grand Jury, Howard L. Meyer Ii
Buffalo Law Review
People v. Donahue, 309 N. Y. 6, 127 N. E. 2d 725 (1955).
Criminal Law—Attorney-Client Privilege, Howard L. Meyer Ii
Criminal Law—Attorney-Client Privilege, Howard L. Meyer Ii
Buffalo Law Review
People v. Shapiro, 308 N. Y. 453, 126 N. E. 2d 559 (1955).
Criminal Law—Insanity, Arnold Lieberman
Criminal Law—Insanity, Arnold Lieberman
Buffalo Law Review
People v. Horton, 308 N. Y. 1, 123 N. E. 2d 609 (1954).
Criminal Law—New Trial, Howard L. Meyer Ii
Criminal Law—New Trial, Howard L. Meyer Ii
Buffalo Law Review
People v. Salemi, 309 N. Y. 208, 128 N. E. 2d 377 (1955).
Criminal Law—Amendment Of Indictment, Leon Schulgasser
Criminal Law—Amendment Of Indictment, Leon Schulgasser
Buffalo Law Review
People v. Ercole, 308 N. Y. 425, 126 N. E. 2d 543 (1955).
Criminal Law—Conclusiveness Of Magistrate's Return, Leon Schulgasser
Criminal Law—Conclusiveness Of Magistrate's Return, Leon Schulgasser
Buffalo Law Review
People v. Mason, 307 N. Y. 570, 122 N. E. 2d 916 (1954).
The Right Of The Commonwealth To Appeal In Criminal Cases, Michael Von Moschzisker, James P. Garland
The Right Of The Commonwealth To Appeal In Criminal Cases, Michael Von Moschzisker, James P. Garland
Villanova Law Review (1956 - )
No abstract provided.
Criminal Law—Privilege Against Self-Incrimination, Howard L. Meyer Ii
Criminal Law—Privilege Against Self-Incrimination, Howard L. Meyer Ii
Buffalo Law Review
People v. De Feo, 308 N. Y. 595, 127 N. E. 2d 592 (1954).
Criminal Law—Evidence, Thomas Hagmeir, Howard L. Meyer Ii
Criminal Law—Evidence, Thomas Hagmeir, Howard L. Meyer Ii
Buffalo Law Review
People v. Dales, 309 N. Y. 97, 127 N. E. 2d 829 (1955); People v. Lee, 308 N. Y. 302, 125 N. E. 2d 580 (1955).
Criminal Law—Charging Lower Counts, Howard L. Meyer Ii
Criminal Law—Charging Lower Counts, Howard L. Meyer Ii
Buffalo Law Review
People v. Mussenden, 308 N. Y. 558, 127 N. E. 2d 551 (1955).
Constitutional Law - Due Process - State Procedure For Attacking The Composition Of Grand Juries, Robert E. Hammell
Constitutional Law - Due Process - State Procedure For Attacking The Composition Of Grand Juries, Robert E. Hammell
Michigan Law Review
Defendant Michel, a Negro, was indicted by a grand jury for rape on February 19, 1953. On March 2, the same day that the term of the grand jury expired, he was arraigned and counsel was appointed. One week (five judicial days) later, motion was made to quash the indictment on grounds of discrimination against Negroes in impaneling the grand jury. The trial court ruled that the objection had been waived because Louisiana law requires that it be raised within three judicial days after the expiration of the term of the grand jury. The defendant was convicted, and the Louisiana …
Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter
Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter
Michigan Law Review
Prosecution of petitioner in federal court for the unlawful acquisition of marihuana failed when the court granted petitioner's motion to suppress the marihuana as evidence because it was obtained by a search based on an invalid search warrant. The federal officer who had seized the marihuana then swore to a complaint before a state judge, and a warrant for petitioner's arrest for violation of state law issued. While awaiting trial, petitioner filed a motion in federal district court to enjoin the federal officer from testifying in the state court. The district court denied the injunction, and the court of appeals …
Criminal Procedure - Searches And Seizures - Admissibility Of Evidence Obtained Through Unlawful Search And Seizure, Neil Flanagin S.Ed.
Criminal Procedure - Searches And Seizures - Admissibility Of Evidence Obtained Through Unlawful Search And Seizure, Neil Flanagin S.Ed.
Michigan Law Review
Defendants were prosecuted and convicted of conspiring to engage in horserace bookmaking and related offenses. The police had secured evidence of defendants' activities by concealing a listening device in premises occupied by them and also by unauthorized and forcible searches. The trial court admitted the evidence so obtained, notwithstanding the fact that the police action in securing it was clearly in violation of both federal and state constitutions and statutes. After conviction, the trial court denied defendants' motion for a new trial. On appeal, held, reversed, three justices dissenting. Evidence obtained in violation of the defendants' constitutional rights is …
Criminal Procedure--Should The Grand Jury System Be Abolished?, Beauchamp E. Brogan
Criminal Procedure--Should The Grand Jury System Be Abolished?, Beauchamp E. Brogan
Kentucky Law Journal
No abstract provided.
Criminal Procedure--Self-Incrimination--Scientific Tests Of Body Substances As Evidence, Luther House
Criminal Procedure--Self-Incrimination--Scientific Tests Of Body Substances As Evidence, Luther House
Kentucky Law Journal
No abstract provided.
Criminal Procedure--Some Problems In The Administration Of Bail, Luther House
Criminal Procedure--Some Problems In The Administration Of Bail, Luther House
Kentucky Law Journal
No abstract provided.
Criminal Procedure--Right To Counsel--Necessity That Defendant Have Aid Of An Accountant In A Complex Tax Prosecution, Tom Soyars
Kentucky Law Journal
No abstract provided.
A Collapse Of International Extradition: The Lo Dolce Case
A Collapse Of International Extradition: The Lo Dolce Case
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Effect Of Fourteenth Amendment As According A Priviledge Against Self-Incrimination [Regan V. New York, U. S. Sup. Ct. 1955]
Washington and Lee Law Review
No abstract provided.
Criminal Law-Waiver Of Right Of Accused To Be Present At His Trial [Commonwealth V. Diehl, Pa. 1954]
Criminal Law-Waiver Of Right Of Accused To Be Present At His Trial [Commonwealth V. Diehl, Pa. 1954]
Washington and Lee Law Review
No abstract provided.
Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.
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 …
Criminal Procedure - Proof Of Corpus Delicti By Circumstantial Evidence, W. Charles Poland
Criminal Procedure - Proof Of Corpus Delicti By Circumstantial Evidence, W. Charles Poland
William and Mary Review of Virginia Law
No abstract provided.