TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P14

Gale Encyclopedia of American Law Volume 12 P14 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW MAPP V. OHIO 1 1 7 The decision of this Court in the instant case is too broad since it is made to apply to everyone suspected of committing any offense whatever. There is one advantage the occupant of a bona fide dwelling now has and always has had-he could discover whether a search warrant had in fact been issued and for his own protection could demand its production. Here the defendant did just that and the evidence is uncontradicted that she was not given an opportunity to read it if any was issued. In fact it was not even contended by the prosecution that a warrant was ever issued authorizing a search of her home for obscene literature. In my view the Lindway rule which is being followed in this case should be modified and clarified so that there will no longer be a judicial stamp of approval on the use of unlawful means to justify an end result. Here an admittedly private home was unlawfully searched and again concur in a judgment upholding conviction based solely on evidence so obtained. Bell J. concurs in the foregoing dissenting Opinion. IV. Did the Court of Appeals of Ohio violate Article IV Section 6 of the Ohio Constitution holding that it could not review the sentence of the trial Court Article IV Section 6 creates the Court of Appeals and gives jurisdiction of said court to review affirm modify set aside or reverse judgments or final orders of Courts of record inferior to Courts of Appeals . There is no exception of the kind claimed anywhere and the Court can not refuse to exercise its jurisdiction. See State vs. Kimbro 46 S. E. 2d 273 Syl. 3 The power of an appellate court to review a sentence for the purpose of determining whether it finds the constitutional provision against cruel and unusual punishment may be sustained under the grant of power to correct errors of law in the judgment appealed from. Page 275 The constitutional restrictions should be regarded as an admonition to both the legislature and the judiciary. The Court

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