Gorman, Richard E.

English

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DePaul Law Review Volume 2 Issue 1 Fall-Winter 1952 Article 23 Moreland: The Law of Homicide Richard E. Gorman Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Richard E. Gorman, Moreland: The Law of Homicide, 2 DePaul L. Rev. 128 (1952) Available at: https://via.library.depaul.edu/law-review/vol2/iss1/23 This Book Reviews is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact digitalservices@depaul.edu. DE PAUL LAW REVIEWlaw, links it up with its related subjects, lends an inestimable aid to the student.Thus, the writer feels that in the field of substantive law, while teachers of thevarious contractual subjects are necessarily specialists, the general rules of con-tract law should be constantly reviewed, and brought to bear on the specificcontract studied, be it that of agency, partnership, or the various contractsarising from the negotiable instrument, or from corporate organization. Thiselucidates the essential coherence of the law as a preface to the considerationof the variations presented by any species of contract. In like manner, a bookon Pleading, Evidence or Damages, or any other break-down of the AdjectiveLaw, should fit its subject matter into the frame of Procedure, of which thesesubjects are but parts. This, within the limited confines of his "Handbook,"Professor Tracy has done, with the result that the student may understandwhat the practitioner will readily perceive, the true setting of the specifictopic with relation to the cognate and broader field.Professor Tracy has more than fulfilled his purpose, as stated in the Prefaceto the book, to fill the needs of "the young lawyer who must have in hislibrary some book on evidence but who cannot afford to purchase one of theexhaustive works," and "to serve the interests of the busy trial attorney, as arefresher before going into court."0 JEREMIAn BUCKLFY*The Law of Homicide. By Roy MORELAND. Indianapolis: The Bobbs-MerrillCo., Inc., 1952. Pp. viii, 314. $7.50.For those who by profession or inclination are prone to read books on lawtopics, to find a work that is interestingly as well as informatively done issomewhat of a rarity. Professor Moreland's topic, "Homicide," did, it is true,give him the advantage of discussing a subject which holds a peculiar fascina-tion. The history of the law and cases concerning homicides have long fur-nished the basis for most interesting studies. In this work, the analyses of mur-der and manslaughter are treated in a different manner than the usual ortho-dox study of the law pertaining to these subjects, and an attempt is made tomodernize the approach to them more in keeping with legislative enactmentsand later court decisions.In format, the book consists of five sections. The first part, dealing withearly developments, furnishes an interesting background history of the law ofhomicide prior to the 18th Century. Part Two is devoted to a study of homi-cide at common law and the beginnings of the various phases of murder andmanslaughter. In this section the author traces the early development of thevarious degrees of murder and manslaughter which arose as the courts at-tempted to modify and adjust the early rigid provisions which had existed asan outgrowth of Anglo-Saxon customs. In Part Three, the author analyzes thestatutes in tile various states relating to murder and manslaughter and pointsup the legislative trend to rest liability on the degree of negligence in thedefendant's conduct in determining responsibility for his acts, rather than fol-lowing rigid rules. The various defenses to a charge of homicide, with specialattention focused on self-defense and the defense of insanity, are the subjectmatter of Part Four. The last section reflects the author's views on what legis-lative changes appear necessary to modernize our laws in keeping with the*Professor of Law, De Paul University College of Law.REVIEWS 129judicial trends in this field as evidenced by the decisions of courts throughoutthe land. A suggested homicide statute, which well could serve as a modelfor a uniform statute for all the states to adopt, is set forth.The work is amply supported by exhaustive footnotes and case citationswhich demonstrate the completeness with which Professor Moreland ap-proached his task. A table of treatises, articles, and notes, and the table of casesreadily provide for the researcher a comprehensive bibliography on the sub-ject. It would be a gross understatement to merely report that the volumeunder review is worthwhile. For those who are not only engaged in theprosecution or defense of homicides, but are interested in the development ofhomicide law, this volume is essential. Thoroughly and intelligently prepared,this book presents a fresh approach to an old problem with which societyhas long been concerned.RCHAR. E. GORMAN**Assistant U.S. Attorney, Northern District of Illinois.

Moreland:  The Law of Homicide

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Moreland: The Law of Homicide

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