Criminal Law. Right of Murderer to Inherit from Victim. McAllister v. Fair, 84 Pacific 112 (Kansas)

1907 The Yale law journal  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. 206 YALE LAW JOURNAL. phis & Charleston R. Co. v. Woods, 88 Ala. 630. However, where the wrong was done by the directors in control of the corporation, such a demand and refusal need not be shown in the bill nor proved. Brewer v. Boston Theater, Io4 Mass. 378; Rogers v. R. R. Co., 9I Fed. 299. CRIMINAL LAW-ATTEMPT TO COMMIT SUICIDE-INDICTABLE OFFENSE.-MAY V. PENNELL, 64 ATL. 885 (ME.).-Held, that in the absence of an express statute, an attempt to commit suicide is not an indictable offense. This case comes nearer than any decision yet reported in this country directly deciding, on common law grounds, the interesting point involved. Aside from cases construing statutes, Commonwealth v. Dennis, 105 Mass. I62, is the only other American case which has dealt with an attempt to commit suicide. That decision, in holding such an attempt not a punishable offense, based its reasoning on the fact that in Massachusetts the whole subject of attempt had been regulated by statute and the common law impliedly repealed. While to some extent analogous to that case, the present decision goes further and virtually holds that, in the absence of a statute, an attempt to commit suicide is not punishable. This view is in conflict with what seems to be the English rule, for, while there have been no authoritative holdings, the two cases in which the question arose clearly enunciate the doctrine that a suicidal attempt is a misdemeanor. Reg. v. Burgess, 9 Cox C. C. 247; Reg. v. Doody, 6 Cox C. C. 463. So, also, the leading text writers have approved and adopted this view. Clark's Criminal Law, I96. A priori, it would seem, that, if suicide can be considered a crime, an attempt to commit that crime is punishable. At common law suicide was a crime. 4 Blackstone I90. And, although Blackburn v. State, 23 Ohio State 146, is authority to the contrary, recent decisions reiterate this view. Commonwealth v. Hicks, 118 Ky. 637; State v. Levelle, 34 S. C. I20. CRIMINAL LAW-MANSLAUGHTER-NEGLIGENCE.-STATE V. MOORE, I06 NORTHWESTERN 16 (IA.).-Held, that a conviction for manslaughter should be sustained on facts showing a reckless and negligent indifference to the safety of others, and it is also held that it was unnecessary for the state in order to support a conviction to prove that the deceased person was not guilty of contributory negligence. CRIMINAL LAW-RIGHT OF MURDERER TO INHERIT FROM VICTIM.-MCALLISTER V. FAIR, 84 PACIFIC II2 (KANSAS).-Held,
doi:10.2307/783992 fatcat:kkjqgyp2u5bfhknzy5gtss6u7e