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Articles 5641 - 5670 of 5943
Full-Text Articles in Evidence
Appeal And Error - Raising Insufficiency Of Defense For First Time On Appeal
Appeal And Error - Raising Insufficiency Of Defense For First Time On Appeal
Michigan Law Review
In defense to plaintiff's action for wages defendant pleaded facts showing an agreement whereby plaintiff was to accept $4,000 in full satisfaction of her claim. The jury found that no such agreement had been made and rendered a verdict for plaintiff in the sum of $7,500. On appeal by defendant the case was sent back for a new trial because of an error in the admission of evidence offered by plaintiff as to the existence of the alleged agreement. Appellee contended that notwithstanding the error the judgment should be affirmed because the agreement pleaded, even if proved, would not constitute …
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.
Evidence-Constitutional Law-Self-Incrimination Applied To Method Of Identification
Evidence-Constitutional Law-Self-Incrimination Applied To Method Of Identification
Indiana Law Journal
No abstract provided.
Jury-Evidence-Privilege Of Jury Deliberations
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.
Intoxicating Liquor-Transportation-Sufficency Of Evidence
Intoxicating Liquor-Transportation-Sufficency Of Evidence
Indiana Law Journal
No abstract provided.
Some Statutory Modifications Of The Hearsay Rule, Trixy M. Peters
Some Statutory Modifications Of The Hearsay Rule, Trixy M. Peters
West Virginia Law Review
No abstract provided.
Criminal Law And Procedure - Searches And Seizures - Sufficiency Of Description In Warrant
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 …
Criminal Law And Procedure - Evidence - Presumptions
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 …
Evidence Obtained By Illegal Search And Seizure, Martin R. Glenn
Evidence Obtained By Illegal Search And Seizure, Martin R. Glenn
Kentucky Law Journal
No abstract provided.
The Value Of Opinion Evidence In Will Contests Whether Delivered By Law Or Expert Witnesses, Alfred Selligman
The Value Of Opinion Evidence In Will Contests Whether Delivered By Law Or Expert Witnesses, Alfred Selligman
Kentucky Law Journal
No abstract provided.
Aron's Notes On Proof. The Probative Law, Leo Carlin
Aron's Notes On Proof. The Probative Law, Leo Carlin
West Virginia Law Review
No abstract provided.
Evidence-Inferance Upon Inferance
Evidence--Admissibility Of Evidence That Defendant Has Or Has Not Liability Insurance, Donald F. Black
Evidence--Admissibility Of Evidence That Defendant Has Or Has Not Liability Insurance, Donald F. Black
West Virginia Law Review
No abstract provided.
Evidence-Corroboration In Criminal Cases
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.
The Nature Of Proof, Thomas E. Atkinson, Raymond H. Wheeler
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.
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).
Federal Practise-Review Of Facts-Instance Of When Verdict Must Be Directed
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.
Searches And Seizures - Allegations Necessary For Warrant
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.
Contempt Of Court--Falsification Of Evidence, August W. Petroplus
Contempt Of Court--Falsification Of Evidence, August W. Petroplus
West Virginia Law Review
No abstract provided.
Evidence--Seven Years Absence--Presumption Of Time Of Death, Elizabeth H. Simonton
Evidence--Seven Years Absence--Presumption Of Time Of Death, Elizabeth H. Simonton
West Virginia Law Review
No abstract provided.
Evidence--Conditional Delivery Of Deeds To Grantee--Parol Evidence, Donald M. Hutton
Evidence--Conditional Delivery Of Deeds To Grantee--Parol Evidence, Donald M. Hutton
West Virginia Law Review
No abstract provided.
Assault And Battery-Police Officer-Third Degree
Assault And Battery-Police Officer-Third Degree
Indiana Law Journal
No abstract provided.
Evidence--Admissibility Of An Atheist's Dying Declaration, Donald F. Black
Evidence--Admissibility Of An Atheist's Dying Declaration, Donald F. Black
West Virginia Law Review
No abstract provided.
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 …
Federal Practice - Appeal And Error - Harmless Error
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 …
Discovery Before Trial, George Ragland Jr.
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 …
Admissibility Of Evidence Illegally Seized--(Affirmative View), James T. Hatcher
Admissibility Of Evidence Illegally Seized--(Affirmative View), James T. Hatcher
Kentucky Law Journal
No abstract provided.
Admissibility Of Evidence Illegally Seized--(Negative View), William Hume
Admissibility Of Evidence Illegally Seized--(Negative View), William Hume
Kentucky Law Journal
No abstract provided.
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 …
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 …