Criminal Procedure Commons^™

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.

New Federal Rules And Procedural Reform In Indiana, Bernard C. Gavit

Indiana Law Journal

No abstract provided.

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 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.

Extradition--Habeas Corpus--Petitioner Not A Fugitive From Justice, C. E. G.

West Virginia Law Review

No abstract provided.

Criminal Law And Procedure - Constitutionality Of A Comment Upon Defendant's Failure To Testify, D. M. Swope

Michigan Law Review

For several years there has been agitation in legal and legislative circles to permit comment in a criminal action upon the failure of the defendant to testify. Both the American Bar Association and the American Law Institute have passed resolutions favoring such legislation. The chief objection to the proposal has been its alleged unconstitutionality. The purpose of this comment is to attempt to rebut such a contention and to show that the advocated change is both constitutional and eminently desirable.

Constitutional Law-Double Jeopardy-Acquittal In Prior Criminal Prosecution As Bar To Action For Penalties Based In Fraud, Allan A. Rubin

Michigan Law Review

Defendant had been acquitted of a criminal charge of wilfully attempting to evade or defeat an income tax under section 146(b) of the Federal Revenue Act of 1928. Subsequently this action was initiated for the collection of an additional fifty per cent of the total amount of the deficiency under section 293 (b) of the same act, which provides that if any deficiency is due to fraud with intent to evade the tax, fifty per centum of such deficiency in addition to the amount of the deficiency shall be collected. Plaintiff brought certiorari from an order of modification eliminating the …

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

Articles by Maurer Faculty

No abstract provided.

Effect Of Acquital For Assault On Trial For Murder When Victim Sussequently Dies - Crawford V. State

Maryland Law Review

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

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.

West Virginia Law Review

No abstract provided.

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

West Virginia Law Review

No abstract provided.

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 - 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 - 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—Perjury—Depositions—Suggested Legislation, John N. Rupp

Washington Law Review

By an amended information, in a recent Washington case, respondent was charged with the crime of perjury in the first degree, the information alleging that respondent came before a notary public for the purpose of giving his deposition which was to be used in a pending civil case, that he was sworn according to law to tell the truth, and that he thereupon testified falsely with the intent that his testimony as written in the deposition be used in that civil case. It affirmatively appeared, both from the allegations of the original information and from the state's admission in open …

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?

The Science Of Judicial Proof, H. B. Cooley

West Virginia Law Review

No abstract provided.

The New Federal Rules And Indiana Procedure (Part Ii), Bernard C. Gavit

Indiana Law Journal

No abstract provided.

The Mind Of The Juror, Stephen Ailes

West Virginia Law Review

No abstract provided.

Witnesses - Effect Of Mental Deficiency On Competency And Credibility, Erwin B. Ellmann

Michigan Law Review

Inquiry into the admissibility of evidence showing mental deficiency in a witness is suggested by State v. Teager, a recent decision of the Supreme Court of Iowa. Defendant, charged with assault with intent to commit rape, offered to prove by a school teacher that the complaining witness, a child twelve years old, was "at least two years behind in her school work . . . subnormal mentally . . . and ought to be in an institution . . . . " No objection had been made to the competency of such witness. It was held that the evidence …

Criminal Law And Procedure - Appeal - Reversal Of Conviction Despite Guilt As Rebuke To The Administration Of Justice, Michigan Law Review

Michigan Law Review

In a prosecution for murder the prosecuting attorney, in his opening address, improperly stated that the evidence would show that both defendants had previous records for burglary and robbery, had served time in penitentiaries, and that the state would ask that the two men be hanged on the basis of this and other evidence. No objection or move for a mistrial was made at the time by the defendants, nor was the court requested to instruct the jury to disregard the remarks. Defendants were unquestionably guilty of murder, the evidence for the state being conclusive, while that of the defendants …

The New Federal Rules And Indiana Procedure, Bernard C. Gavit

Indiana Law Journal

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Error In Charging A Misdemeanor As A Felony - Whittington V. State

Maryland Law Review

No abstract provided.

The Maryland Speedy Judgment Acts, M. Luther Pittman

Maryland Law Review

No abstract provided.

The Professional Thief, By Edwin H. Suterhland, Harvey J. Locke

Indiana Law Journal

No abstract provided.

The Theory And Practice Of Pre-Trial Procedure, Edson R. Sunderland

Michigan Law Review

Pre-trial civil procedure under the English common-law system consisted only of pleading. Whatever the rules of pleading could accomplish in the way of defining and restricting issues contributed to the efficiency of the trial. What could not be done by the rules of pleading could not be done at all.

The great weakness of pleading as a means for developing and presenting issues of fact for trial lay in its total lack of any means for testing the factual basis for the pleader's allegations and denials. They might rest upon the soundest evidence, or they might rest upon nothing at …