Wharton's Criminal Procedure, Volume 1

Front Cover
Lawyers Co-operative Publishing Company, 1974 - Criminal procedure

Contents

CRIMINAL
1
72
2
Time of trial
9
In general
13
PRELIMINARY HEARING
31
Jurisdiction of juvenile court
35
Chapter 3
45
Federal jurisdiction 20
64
Search of motor vehicle
321
After arrest for traffic violation
326
Search for mere evidence
329
Books and papers generally
330
Corporate books and papers
332
Effect as to officers directors and stockholders
333
Tax records 158 Sealed mail matter III Application for and Issuance of Search Warrant
334
Probable cause
336

Indians
68
Boundary waters between states
72
In general III Equitable Jurisdiction to Prevent Crime
74
Public actions
77
Violation of ordinances
79
Particular crimes Violation of Sunday laws 26
80
27
81
Conduct of competitor
82
Equitable Jurisdiction to Prevent Prosecution for Crime 28 In general
85
Basis for relief 30 31
86
Unconstitutional or otherwise invalid statute
87
Declaratory judgment
90
Judgment
92
Federal injunction against state prosecution
94
State injunction against federal prosecution 35 Injunction against municipal prosecution
101
Chapter 4
103
Chapter 5
143
Deadly force 82 Forcible entry of dwelling house 83 Civil arrest 84 Resistance to arrest 85 Arrest in fresh pursuit 86 Exemption from arrest 87 88
144
Right to counsel
145
Right to exclude public
146
The warrant
152
General Principles II Arrest With Warrant 55 Description of person to be arrested
153
Issuance of warrant
154
Necessity for affidavit or affirmation
156
Requisites and sufficiency of affidavit
157
Territorial validity of warrant
158
Return of warrant
160
In general
161
In general
170
Chapter 6
217
Proceedings in Asylum State 119 Arrest and detention prior to demand 120 Proceedings after demand
218
International extradition
221
93 Crimes not embraced in treaty Operation of extradition treaties
222
Interstate extradition
224
State legislation
227
Territorial extradition
230
Motive for extradition
231
Delay in extradition
233
Hearing 122 Guilt and sanity of accused
264
Proof
266
124
267
Sufficiency Indictment information or affidavit as evidence
269
Laws of demanding state or country
270
Identity absence from demanding state alibi
271
Discretion as to extradition
275
Extradition warrant
279
Effect of issuance
280
Right to revoke
281
Review of proceedings
282
133
288
Attack on proceedings
290
Concurrent proceedings
291
Second application for extradition 136 Right to bail
292
Rights and Liabilities of Extradited Person
293
Chapter 8
309
In general
310
Exclusionary rule
314
Subject Matter and Place of Search 150 Dwelling house curtilage
318
Affidavit
338
Time of occurrence
339
Time of issuance
341
In general
348
Stop and frisk
361
Search incident to arrest
364
Consent to search by accused
373
Consent to search by third person
390
Search by private person
396
Border search
400
Administrative inspections
403
Waiver of unreasonableness claim by plea of guilty
404
Fruit of the poisonous tree doctrine
406
Harmless error
407
In general 190 Constitutional basis 191 Authority of court 192 Time and term Chapter 9
413
Women
444
Federal Jury Selection and Service Act of 1968
445
Proceedings 204 Selection and drawing
450
Persons authorized 206 Summoning
452
Excusing grand jurors and completing panel
454
Oath
456
Proof of organization
457
In general IV Objection to Organization
458
Time and manner of objecting
460
Challenges
462
Inquisitorial powers V Powers and Duties
464
Limitations on powers
469
Power to investigate civil matters
470
Grand jury reports
471
Power to compel attendance and testimony of witnesses
475
Participation in Grand Jury Proceedings 218 Who may be present in grand jury
480
Prosecuting attorney
484
Submission of case and instruction to grand jury 221 Secrecy of proceedings
488
Exceptions to the rule of secrecy
493
Interference with grand jury
496
Venue 37 Offense in two or more counties
3
Arrest for felony III Arrest Without Warrant
4
Interstate extradition
19
Offense on or near boundary
38
Youth offenders
41
Arrest for misdemeanor
63
Breach of the peace
64
What constitutes presence
65
Arrest by militia
66
Particular offenses direct contempt
67
Breach of ordinance 69 Vagrancy and streetwalking
68
Drunkenness
70
Exemption from civil process
124
Extradition from demanding state
141
Signing and sealing
164
Description in search warrant
194
Place to be searched
195
Person to be searched 166
198
Automobile to be searched
199
Citizens II Persons Subject to Extradition
286
Persons under criminal charge in asylum state 102 Fugitives from justice 103 Escaped or paroled convicts
287
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