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Articles 631 - 660 of 840

Full-Text Articles in Evidence

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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Criminal Law And Procedure - Searches And Seizures - Sufficiency Of Description In Warrant Feb 1933

Criminal Law And Procedure - Searches And Seizures - Sufficiency Of Description In Warrant

Michigan Law Review

Prosecuted for unlawful possession of liquor, defendant moved to suppress the evidence on the ground that the following description in the warrant, under authority of which the liquor was seized, fails sufficiently to describe the premises searched: " . . . on the northwest cor. in Block 'A,' Robinson Addition in the City or Town of Elk City (Cor. 9th and Oliver Sts. Beckham County, State of Oklahoma)." Block A was originally not subdivided and was without streets. It was later subdivided and 9th and Oliver Streets crossed near the center of the block. The house searched was on Lot …

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Criminal Law And Procedure - Evidence - Presumptions Feb 1933

Criminal Law And Procedure - Evidence - Presumptions

Michigan Law Review

The Alien Land Law of California forbids the acquisition of real property for agricultural purposes by aliens ineligible to citizenship; amendment 9b provides that proof of the acquisition of land by the defendant and of his being a member of a race ineligible to United States citizenship raises the presumption of ineligibility to citizenship against the defendant, and the burden is on him to show citizenship or eligibility thereto. Defendants, an American and a Japanese, were indicted for conspiracy to violate the act. No evidence as to the birthplace of the Japanese was adduced by either side, and both were …

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Evidence-Corroboration In Criminal Cases Jun 1932

Evidence-Corroboration In Criminal Cases

Michigan Law Review

On the night of September 12, 1931, Mrs. Thalia Massie, while walking unescorted along a road near Honolulu, was forced into a car, taken to a lonely spot, and attacked by five young men. The five alleged attackers were placed on trial for rape. The jury was unable to reach a verdict and a mistrial was declared.

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The Nature Of Proof, Thomas E. Atkinson, Raymond H. Wheeler Jun 1932

The Nature Of Proof, Thomas E. Atkinson, Raymond H. Wheeler

Michigan Law Review

A Review of THE PRINCIPLES OF JUDICIAL PROOF. By John Henry Wigmore.

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Evidence -The Possibility Of Incrimination In A State Jurisdiction Does Not Warrant The Assertion Of The Constitutional Privilege In Federal Proceedings May 1932

Evidence -The Possibility Of Incrimination In A State Jurisdiction Does Not Warrant The Assertion Of The Constitutional Privilege In Federal Proceedings

Michigan Law Review

On indictment for the refusal to give information requested by the authorized revenue agent, the appellee interposed a special plea averring that it would compel him to become a witness against himself in violation of the Fifth Amendment of the federal Constitution which reads, "nor shall any person be compelled to be a witness against himself." Held, the danger of incrimination in a state court was not grounds for asserting the constitutional privilege. United States v. Murdock, 284 U. S. 141, 52 Sup. Ct. 63, 76 L. ed. 83 (1931).

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Federal Practise-Review Of Facts-Instance Of When Verdict Must Be Directed May 1932

Federal Practise-Review Of Facts-Instance Of When Verdict Must Be Directed

Michigan Law Review

This was a case in which a motion for a directed verdict was denied by the trial court on the ground that there was sufficient evidence to justify a submission of the case to the jury. The circuit court of appeals affirmed this, but on appeal to the Supreme Court it was held error. Southern Ry. Co. v. Walters (U.S. 1931) 52 Sup. Ct. 58.

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Searches And Seizures - Allegations Necessary For Warrant May 1932

Searches And Seizures - Allegations Necessary For Warrant

Michigan Law Review

The defendant objected to the use in evidence of intoxicating liquor on the ground that it was seized during a search of his premises under an insufficient search warrant. Held, the search warrant was issued without a sufficient showing that reasonable and probable cause existed for the search, there being neither a positive allegation of facts in the affidavit for the warrant nor a hearing of evidence by the issuing magistrate. Smith v. State (Ind. 1931) 177 N. E. 898.

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Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime Feb 1932

Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime

Michigan Law Review

The rise and sway of the gangster as a menace to American social and economic security has led, of late, to the employment of unique means of combating lawlessness. Faced by a tremendous increase in the difficulties lying in the path of those seeking the conviction of professional criminals for major crimes, the police and prosecutors often turn towards a means of fighting crime originally devised to make life uncomfortable for petty off enders. The enforcement of the pistol laws and the vagrancy statutes against millionaire gangsters, and repeated arrests on suspicion, have been resorted to as a means of …

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Federal Practice - Appeal And Error - Harmless Error Feb 1932

Federal Practice - Appeal And Error - Harmless Error

Michigan Law Review

Plaintiff in error was convicted of illegally transporting intoxicating liquor. Federal officers were permitted to testify over defendant's objection: (1) that they found intoxicating liquor in defendant's automobile parked in his farm-yard; (2) that the radiator of the car was heated as if it had been recently used; (3) that they had followed defendant's car on the highway and into his farm-yard; (4) and that the defendant had admitted to them that he had driven the car. Defendant admitted on the witness stand that he owned both the liquor and the automobile, but denied that the automobile had been used …

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Discovery Before Trial, George Ragland Jr. Jan 1932

Discovery Before Trial, George Ragland Jr.

Michigan Legal Studies Series

The purpose of this volume is to present in a convenient and usable form a comparative study of the expedients which are being employed in various American and English jurisdictions for the purpose of facilitating pre-trial practice, to describe the practical operation of the different devices, and to show their effect upon the general administration of justice. An analysis of the statutory and case law has been combined with data which shows the practical operation of the procedure in the everyday work of the lawyer and judge. Field studies were made by the author in different cities of the following …

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Practice And Procedure - Demurrer To Evidence - Directing Verdict In Favor Of Party Having Burden Of Proof Jan 1932

Practice And Procedure - Demurrer To Evidence - Directing Verdict In Favor Of Party Having Burden Of Proof

Michigan Law Review

P purchased potatoes in Michigan. He instructed the defendant railroad to deliver the potatoes to the warehouse of B when they should arrive in Richmond. Instead, some were sent to another warehouse. Before P discovered the mistake, the potatoes spoiled. P made claim of loss six months and twenty days after the shipment left Michigan. The bill of lading provided that claims for loss or damage must be made in writing within six months after a reasonable time for delivery has elapsed. The testimony of Neiss, freight clerk, who was called by the defendant, was to the effect that eight …

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Evidence - Burden Of Proof - Compliance With Stipulation In Bill Of Lading As To Time For Claim Of Loss Jan 1932

Evidence - Burden Of Proof - Compliance With Stipulation In Bill Of Lading As To Time For Claim Of Loss

Michigan Law Review

P purchased potatoes in Michigan. He instructed the defendant railroad to deliver the potatoes to the warehouse of B when they should arrive in Richmond. Instead, some were sent to another warehouse. Before P discovered the mistake, the potatoes had spoiled. P made claim of loss six months and twenty days after the shipment left Michigan. The bill of lading provided: "Sec. 2 (b). Claims for loss or damage . . . must be made in writing . . . within six months after a reasonable time for delivery has elapsed." The testimony of Neiss, freight clerk, who was called …

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Negligence - Res Ipsa Loquitur - Circumstantial Evidence Jan 1932

Negligence - Res Ipsa Loquitur - Circumstantial Evidence

Michigan Law Review

Defendant company owned, and was in possession of, a wall, from the top of which a loose piece of concrete fell and injured the plaintiff who was at work on land adjoining. In affirming a judgment for plaintiff, the court held that, while the doctrine of res ipsa loquitur did not apply, there was "evidence from which the jury could legitimately infer that the defendant was negligent in permitting loose pieces of concrete to remain on the wall." Pope v. Rending Co., (Pa. 1931) 156 Atl. 106.

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Evidence - Privileged Communication Dec 1931

Evidence - Privileged Communication

Michigan Law Review

In a suit for divorce on the ground of adultery, a Luthern clergyman refused to testify concerning a disclosure made to him in his religious capacity by the defendant husband, on the ground that it was a privileged communication under the Minnesota statute. The district court adjudged him in contempt of court. Upon certiorari to the supreme court of Minnesota, held, the communication was privileged, and the order was reversed. In re Swenson (Minn. 1931) 237 N.W. 589.

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Insurance - Estoppel - Parol Evidence Rule Dec 1931

Insurance - Estoppel - Parol Evidence Rule

Michigan Law Review

The plaintiff sued on a fire policy. The insurer defended on the ground that plaintiff had violated a condition of the policy which provided that there would be no liability if loss occurred while the property was encumbered by a chattel mortgage, unless the company's written consent thereto was endorsed on the policy. Plaintiff sought to estop the defendant as to this defense because of insurer's agent's assurances, given before and after the issuance of the policy, that the policy would permit him to encumber the goods. Held, defendant's demurrer to plaintiff's replication should be sustained because of plaintiff's …

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Appeal And Error- Crimes - Evidence Not Objected To At Trial May 1931

Appeal And Error- Crimes - Evidence Not Objected To At Trial

Michigan Law Review

The defendant was convicted of murder in the first degree. At the trial, certain incompetent testimony was placed in evidence by the prosecution, to which the defendant's attorney failed to object. The point was sought to be raised on appeal under N. J. Comp. Stat. 1910 sec. 136, which provides that, in criminal cases, if "the plaintiff in error on the trial below suffered manifest wrong or injury, either in the admission or rejection of testimony, whether objection was made thereto or not * * * the appellate court shall remedy such wrong or injury * * * and order …

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Administrative Tribunals--Judicial Notice Apr 1931

Administrative Tribunals--Judicial Notice

Michigan Law Review

The plaintiff corporation, a retail distributor of gas, contracted for its supply over a three-year period from a service company, and filed its rate schedule with the public utilities commission. The commission ordered a lower rate, its order being based on files of schedules of other distributing companies, which were found to show that the plaintiff's contract was excessive and that a lower rate could have been contracted for. These files were not introduced into evidence, but the commission took notice of them as a matter of public record. Plaintiff petitioned for an injunction against enforcement of the order. Held …

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Evidence-Admission By Party Litigant-Substantive Proof Or Impeachment Apr 1931

Evidence-Admission By Party Litigant-Substantive Proof Or Impeachment

Michigan Law Review

ln an action against an employer for personal injuries, after the plaintiff had testified as to negligence of a fellow servant, his signed statement detailing a contrary account of the injury was introduced. The trial judge charged that the statement was admissible only for the purpose of contradicting the plaintiff's testimony. Held, it was admissible as a declaration against interest with probative value, as well as to impeach the plaintiff's testimony. Pub. Utilities Corp. v. Carden (Ark. 1930) 32 S.W.(2d) 1058.

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Evidence-Other Crimes Feb 1931

Evidence-Other Crimes

Michigan Law Review

Judging from the number of opinions handed down in 1930 involving evidence of other crimes committed by the defendant, the modem criminal trial is not complete without some attempt to introduce evidence of this sort.

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Evidence-Ballistics As Subject Matter Of Expert Testimony Feb 1931

Evidence-Ballistics As Subject Matter Of Expert Testimony

Michigan Law Review

W, among other things a professional expert witness and a ballistics expert, testified that the bullet found in the body of the deceased was fired from the gun identified as being that of the defendant. Held, the evidence was properly admitted. People v. Fisher et al. (Ill. 1930) 172 N.E. 743.

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Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner Jan 1931

Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner

Michigan Law Review

If an applicant for life insurance, in answering the many questions put to him by the company's medical representative, tells the truth, but the examiner, in recording the answers, distorts them without the knowledge of the insured, may the beneficiary or the personal representative of the insured show this distortion by parol, and collect on the policy in spite of the presence of false written answers in the application? The New York court of appeals, in the very recent case, Minsker v. John Hancock Mutual Life Insurance Co., 254 N. Y. 333, 173 N.E. 4, answers this question in …

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Evidence-Contributory Negligence-Burden Of Proof-Presumption Of Due Care Jan 1931

Evidence-Contributory Negligence-Burden Of Proof-Presumption Of Due Care

Michigan Law Review

This case was an administrator's action to recover damages for the death of the plaintiff's intestate who was struck by an automobile operated by the defendant. There were no eyewitnesses other than the decedent and the defendant. On trial the plaintiff introduced evidence of the defendant's negligence, but under the circumstances of the case, was unable to introduce affirmative evidence that the decedent was free from contributory negligence. Held, one judge dissenting, that there was no presumption that the decedent exercised due care, and therefore, the non-suit granted by the lower court was affirmed. Kotler v. Lalley (Conn. 1930) …

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Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile Dec 1930

Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile

Michigan Law Review

After the sound of a crash, the defendant's motortruck was found on the plaintiff's porch. Held, the doctrine of res ipsa loquitur was applicable.

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Aviation-Trespass-Nuisance Dec 1930

Aviation-Trespass-Nuisance

Michigan Law Review

Land-owners sought to enjoin flight over their property as a trespass and nuisance; and to enjoin as a nuisance the use of the adjoining field as a base from which to make such flights. Held, injunction denied because of insufficient evidence of injury. Flight at 500 feet or more was impliedly authorized by the statute forbidding flight lit less than that attitude over buildings or persons. Mass. Acts, 1922, ch. 534, sec. 1 sub-sec. 55. As to occasional flights over unoccupied brush land at a height of about 100 feet in landing or taking off, injunctive relief was denied …

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Evidence--Physician-Patient Privilege--Express And Implied Waiver Dec 1930

Evidence--Physician-Patient Privilege--Express And Implied Waiver

Michigan Law Review

Defendant's intestate applied for insurance with "plaintiff, expressly waiving, for himself and beneficiaries, the privilege of excluding testimony of physicians who had then attended him or might do so later. The policy lapsed, but the insured, falsely representing that he was in good health and had consulted no doctor for any cause, secured a reinstatement. He died six months later. Plaintiff sued for cancellation, and defendant objected to the testimony of physicians who had been consulted before and after the reinstatement. Held, the testimony was admissible, since the privilege was waived; also the mere fact that there were consultations …

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Witnesses-Refreshing Memory-Past Recollection Dec 1930

Witnesses-Refreshing Memory-Past Recollection

Michigan Law Review

Action on a claimed oral renewal of a burglary insurance policy. Nearly six months after the alleged renewal W made an affidavit stating that she heard defendant's agent tell plaintiff that plaintiff's policy had been renewed. This affidavit was drawn up by plaintiff's attorney. On the trial eight years later W was unable to recall any such conversation and the affidavit did not refresh her memory. The court over objection admitted the affidavit itself in evidence. Held, since the affidavit was not made at or near the time of the event recorded, and was drawn up by one of …

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Wills-Loose Sheets As A Will Dec 1930

Wills-Loose Sheets As A Will

Michigan Law Review

Testatrix's will contained twenty-eight sheets of correspondence paper, each complete in itself and not physically bound together. When presented for probate, the last sheet held only an attestation clause and the signatures of testatrix and witnesses; each of the others was, signed by testatrix; and the whole group were consecutively numbered. The attesting witnesses, employed at the bank with which testatrix did business, identified the writing on all twenty-eight sheets as that of testatrix, but could not say that these very sheets were present when the last was executed. They testified there was a bundle of similar sheets, and one …

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Witnesses-Immunity From Self-Incrimination-Statute Requiring Testimony That Would Subject Witness To A Penalty Nov 1930

Witnesses-Immunity From Self-Incrimination-Statute Requiring Testimony That Would Subject Witness To A Penalty

Michigan Law Review

Acts 1921, No. 203 of Vermont required a disclosure from all persons convicted of intoxication as to the persons from whom the liquor was obtained. The petitioner was convicted of intoxication and on his refusal to disclose the person from whom he obtained the liquor was adjudged to be in contempt and committed to jail. Held, petitioner was in unlawful restraint and should be discharged, as the law requiring the disclosure was unconstitutional, article ten of the state constitution providing that no person could be compelled to give evidence against himself. In the light of Acts 1921, No. 204 …

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Evidence-Prior Inconsistent Statement-Corroborative Testimony Nov 1930

Evidence-Prior Inconsistent Statement-Corroborative Testimony

Michigan Law Review

W, a witness for the prosecution in a murder trial, testified that he had known the defendant about five years before, and was sure he was one of the two men who fired the fatal shots. On cross examination he was asked whether or not he had testified at a preliminary hearing to the effect that he had never known or seen the man before the date of the murder. He admitted the inconsistency, but on redirect examination was permitted to explain that he had not properly understood the question put to him at the preliminary hearing. The prosecution was …

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