Medical Jurisprudence, Forensic Medicine And Toxicology
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Ritch, 70 Conn., 235, 39 L. R. A., 353, 39 Atl. Rep., 169.
Cf. State V. Judge of Eighth Jud.
Dist., 48 La. Ann., 503; 19 So. Rep., 475, respecting inquiry into insanity after conviction; French v. State, 93 Wis., 325, 67 N. W. Rep., 706, re- specting constitutionality of prefimi- nary trial of question of sanity at time of trial.
Cf. contra, Kimball v. Fisk, 39 N.
H., 110.
°AUis V. Morton, 4 Gray (Mass.), 63; Evans i;. Johnson, 39 W.Va., 299; 23 L. R. A., 137; 19 S. E. R., 623; Oil Co. V. Mclnt...ire, 44 W. Va., 296; 28 S. E. R., 922; but see Swope v.
Frazier, 18 Ky. L. R, 649; 37 S. W.
R., 495; Heckman r. Adams, 50 Ohio St., 305; 34 N. E. R, 155; Jones v.
Learned, 66 Pac. R., 1071 (Colo.
App. ) ; Taylor v. Moore, 23 Ky. L. E., 1572; 65 S. W. R., 612. And actual notice is sufficient; it is not necessary that there be process served in the name of the commonwealth, Oster v.
Meyer (Ky.), 67 S. W. R., 851.
THE INQUISITION. . 587 and be afforded opportunity to be present in person or by counsel.* No advantage can be taken collaterally because of want of notice.' In Illinois an inquest of lunacy was held void where the record showed service of summons upon the alleged lunatic at less than the statutory time before the datie of hearing and that the service was otherwise irregular.' According to some decisions a statute may authorize the court in its discretion to dispense with personal service of notice upon him, without infringing his constitutional rights.* According to others a statute which authorizes a court for cause to dispense with notice is, to that extent at least, invalid.^ And an adjudi- cation made under an unconstitutional statute is void.° The same rules are applied to the adjudication and commitment of habitual drunkards.' Another ground on which the constitutionality of statutes pro- viding for the trial of the inquisition by a commission, when a jury trial is not demanded by the alleged lunatic, has been at- tacked, is that they violate the constitutional guaranty of the right to trial by jury.
What to read after Medical Jurisprudence, Forensic Medicine And Toxicology?
You can find similar books in the "Read Also" column, or choose other free books by R a Rudolph August Witthaus to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Ritch, 70 Conn., 235, 39 L. R. A., 353, 39 Atl. Rep., 169.
Cf. State V. Judge of Eighth Jud.
Dist., 48 La. Ann., 503; 19 So. Rep., 475, respecting inquiry into insanity after conviction; French v. State, 93 Wis., 325, 67 N. W. Rep., 706, re- specting constitutionality of prefimi- nary trial of question of sanity at time of trial.
Cf. contra, Kimball v. Fisk, 39 N.
H., 110.
°AUis V. Morton, 4 Gray (Mass.), 63; Evans i;. Johnson, 39 W.Va., 299; 23 L. R. A., 137; 19 S. E. R., 623; Oil Co. V. Mclnt...ire, 44 W. Va., 296; 28 S. E. R., 922; but see Swope v.
Frazier, 18 Ky. L. R, 649; 37 S. W.
R., 495; Heckman r. Adams, 50 Ohio St., 305; 34 N. E. R, 155; Jones v.
Learned, 66 Pac. R., 1071 (Colo.
App. ) ; Taylor v. Moore, 23 Ky. L. E., 1572; 65 S. W. R., 612. And actual notice is sufficient; it is not necessary that there be process served in the name of the commonwealth, Oster v.
Meyer (Ky.), 67 S. W. R., 851.
THE INQUISITION. . 587 and be afforded opportunity to be present in person or by counsel.* No advantage can be taken collaterally because of want of notice.' In Illinois an inquest of lunacy was held void where the record showed service of summons upon the alleged lunatic at less than the statutory time before the datie of hearing and that the service was otherwise irregular.' According to some decisions a statute may authorize the court in its discretion to dispense with personal service of notice upon him, without infringing his constitutional rights.* According to others a statute which authorizes a court for cause to dispense with notice is, to that extent at least, invalid.^ And an adjudi- cation made under an unconstitutional statute is void.° The same rules are applied to the adjudication and commitment of habitual drunkards.' Another ground on which the constitutionality of statutes pro- viding for the trial of the inquisition by a commission, when a jury trial is not demanded by the alleged lunatic, has been at- tacked, is that they violate the constitutional guaranty of the right to trial by jury.
What to read after Medical Jurisprudence, Forensic Medicine And Toxicology?
You can find similar books in the "Read Also" column, or choose other free books by R a Rudolph August Witthaus to read onlineMoreLess
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