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70 S. African L.J. 182 (1953)
State of New Jersey v. Bruno Richard Hauptmann

handle is hein.journals/soaf70 and id is 196 raw text is: THE SOUTH AFRICAN LAW JOURNAL

adheres to the doctrine of the Church of England? What is the
doctrine of the church? It is a body of beliefs of a very wide character,
covering the whole of human experience and divine revelation, but not
capable of being reduced to the certainty of a code ' (at 310-11 of the
All England report).
Judicial sentiment overseas is not favourable to 'faith' or ' race'
claises, whether they appear as restraints on the alienation of resi-
dential property or as forfeiture clauses in wills. Though the courts
in England and America have seldom gone so far as to declare a
clause of this kind void as being against public policy, they have
never hesitated to find it invalid on the grounds of uncertainty when-
ever there was any doubt about the meaning of the clause.      (cf.
H. R. Hahlo, 'Jewish Faith and Race Clauses in Wills', 67 (1950)
S.A.L.J. 23-1; D. A. L. Smout, 'Racial and Religious Restraints on
Alienation', 30 (1952) Canadian Bar Review 863).
H.R.H.
STATE OF NEW JERSEY v. BRUNO RICHARD HAUPTMANN'
The trial of Hauptmann has been exciting renewed attention in
the United States, particularly on the question whether he had an
accomplice or accomplices. (See, e.g. 'Did They Really Solve the
Lindbergh Case?' Reader's Digest, July, 1952, p. 69). It is hoped
that this discussion of the judgment on appeal of the trial, which
illustrates many points of procedure in American courts, will there-
fore prove of interest.
The accused was indicted for murder by the Grand Jury of
Hunterdon county, and convicted of murder (in the first degree)
without recommendation of life imprisonment. Against this con-
viction and sentence an appeal and review was brought to the Court
of Errors and Appeals. The victim of the alleged murder was
Charles Lindbergh, junior, a child of less than tvo years of age, on
1st March, 1932
On that evening, according to the evidence, the child was put to
bed about 8 p.m. in the house of his parents at East Amwell in the
county of Hunterdon. About 10 p.m., when the nurse returned
to the room, the child'was missing, and indications detailed in the
evidence pointed to a kidnapping. On the window-sill was a note,
testified to be in the handwriting of the accused, demanding 50,000
dollars ransom money, and signifying that later instructions as to the
method of payment would be forthcoming. This led to negotiations
in the course of which other notes were received. In furtherance of

1 1935 New Jersey Law Reports 420.

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