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Articles 11911 - 11940 of 12070
Full-Text Articles in Criminal Procedure
Waiver Of Trial By Jury; A Further Comment, Leo Carlin
Waiver Of Trial By Jury; A Further Comment, Leo Carlin
West Virginia Law Review
No abstract provided.
Should The Evidence In A Criminal Case Be Given To The Public In Advance Of The Trial Before A Jury?, Murray Briggs
Should The Evidence In A Criminal Case Be Given To The Public In Advance Of The Trial Before A Jury?, Murray Briggs
West Virginia Law Review
No abstract provided.
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.
Crimes--The Right Of An Officer To Arrest Without A Warrant, John A. Evans
Crimes--The Right Of An Officer To Arrest Without A Warrant, John A. Evans
Kentucky Law Journal
No abstract provided.
Are The Criminal Courts Doing Their Duty?, Ferdinand Pecora
Are The Criminal Courts Doing Their Duty?, Ferdinand Pecora
Kentucky Law Journal
No abstract provided.
The Short Indictment, F. J. Caruso
Proposed Criminal Code Changes For Kentucky As Recommended In The Report In 1934 Of The Kentucky State Bar Association's Committee On The Code Of Criminal Procedure Of The American Law Institute, John A. Geyer, George T. Skinner
Proposed Criminal Code Changes For Kentucky As Recommended In The Report In 1934 Of The Kentucky State Bar Association's Committee On The Code Of Criminal Procedure Of The American Law Institute, John A. Geyer, George T. Skinner
Kentucky Law Journal
No abstract provided.
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.
Criminal Law And Procedure - Inexperience Of Defense Attorney As Denial Of Fair Trial
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.
Appel And Error--Law Of The Case--Second Appeal, Herschel H. Rose Jr.
Appel And Error--Law Of The Case--Second Appeal, Herschel H. Rose Jr.
West Virginia Law Review
No abstract provided.
Prosecution Appeals In West Virginia, Frank E. Horack Jr.
Prosecution Appeals In West Virginia, Frank E. Horack Jr.
West Virginia Law Review
No abstract provided.
Criminal Law And Procedure - Right Of Defendant To Accompany Jury On View-Due Process
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 …
Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case
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 …
Criminal Law And Procedure - Instruction As To The Reasonable Doubt Of Each Juror
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, …
Trial--Instructions--Unanimity Of The Jury Verdict, Richard F. Currence
Trial--Instructions--Unanimity Of The Jury Verdict, Richard F. Currence
West Virginia Law Review
No abstract provided.
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. …
Verdict--Juror's Assent--What Constitutes, Paul D. Farr
Verdict--Juror's Assent--What Constitutes, Paul D. Farr
West Virginia Law Review
No abstract provided.
Criminal Law And Procedure-Former Jeopardy-Tests Of "Same Offence
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.
New Rules Of The Supreme Court, Bernard C. Gavit
New Rules Of The Supreme Court, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Prosecution Appeals In West Virginia, Frank Edward Horack Jr.
Prosecution Appeals In West Virginia, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Criminal Law--Judicial Comment Constituting Prejudicial Error, Robert W. Burk
Criminal Law--Judicial Comment Constituting Prejudicial Error, Robert W. Burk
West Virginia Law Review
No abstract provided.
Effect Of New Trial On Plea Of Autrefois Acquit, Berkeley Minor Jr.
Effect Of New Trial On Plea Of Autrefois Acquit, Berkeley Minor Jr.
West Virginia Law Review
No abstract provided.
West Virginia Cases On Criminal Procedure, Charles P. Wilhelm
West Virginia Cases On Criminal Procedure, Charles P. Wilhelm
West Virginia Law Review
No abstract provided.
Ways In Which It Is Possible For The Federal Bureau Of Investigation To Assist State Law Enforcement Officers, H. H. Reinecke
Ways In Which It Is Possible For The Federal Bureau Of Investigation To Assist State Law Enforcement Officers, H. H. Reinecke
Indiana Law Journal
Address by H. H. Reinecke, Special Agent in charge of Federal Law Enforcement in Indiana, before the Indiana State Bar Association, September 6, 1935.
Criminal Law And Procedure - Indictments - Resubmission To Grand Jury
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.
Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance
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 …
Criminal Law And Procedure-Instructions To Jury
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.
Criminal Law And Procedure - Conspiracy - Conviction Of Woman Transported In Violation Of Mann Act
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.
Procedure Under The Uniform Declaratory Judgment Act, Bernard C. Gavit
Procedure Under The Uniform Declaratory Judgment Act, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Criminal Law And Procedure - Perjury As Contempt-Statutory Construction
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 …