101 N.W.2d 348 (Mich. 1960), 81, People v. Marklein

Docket Nº:81.
Citation:101 N.W.2d 348, 358 Mich. 471
Opinion Judge:BLACK, Justice.
Party Name:PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Marvin MARKLEIN et al., Defendant-Appellee.
Attorney:Paul L. Adams, Atty. Gen., Samuel J. Torian, Sol. Gen., Lansing, Nicholas V. Olds, Asst. Atty. Gen., Wilbur DeYoung, Asst. Atty. Gen., for appellant. Joseph W. Louisell, Ivan E. Barris, Detroit, for defendant-appellee.
Judge Panel:Before the Entire Bench except KAVANAGH, J.
Case Date:January 04, 1960
Court:Supreme Court of Michigan
 
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Page 348

101 N.W.2d 348 (Mich. 1960)

358 Mich. 471

PEOPLE of the State of Michigan, Plaintiff-Appellant,

v.

Marvin MARKLEIN et al., Defendant-Appellee.

No. 81.

Supreme Court of Michigan.

January 4, 1960

Paul L. Adams, Atty. Gen., Samuel J. Torian, Sol. Gen., Lansing, Nicholas V. Olds, Asst. Atty. Gen., Wilbur DeYoung, Asst. Atty. Gen., for appellant.

Joseph W. Louisell, Ivan E. Barris, Detroit, for defendant-appellee.

Before the Entire Bench except KAVANAGH, J.

BLACK, Justice.

Defendant Marvin Marklein and others were charged with 'conspiracy to violate various provisions of the election laws of the state.' The examining magistrate conducted an extended hearing, evidenced by 964 pages of transcript, and thereupon determined to bind Marklein and certain others over to circuit court for trial. Marklein moved in circuit court to quash, alleging that no evidence sufficient to hold him for trial had been adduced before the magistrate. His motion was granted. The people review by application and grant to leave to appeal.

The gravamen of the people's charge was that the defendants named in the information conspired fraudulently to register persons as eligible voters of Taylor township, in Wayne county, and to obtain by unlawful means the issuance and return of a number of voted ballots of absentee electors. It was shown, before the magistrate, that defendant Marklein was chief of police of Taylor township; that he was not lawfully authorized to register electors of the township or take part in their registration; that he was 'seen,' at the township hall, 'delivering these registrations'; that he, with others, was 'assigned' certain precincts for the purpose of obtaining registrations and ballots of absent voters; that a number of registration cards of electors of the township bore the handwritten initials 'MM' on the line designated 'signature of the officer accepting the registration'; that he, defendant Marklein, was the only 'township employee' whose initials were 'MM'; that defendant Marklein brought in 'quite a few registration cards' and that 'his would also contain the initials 'MM' on

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them,' and that defendant Marklein was heard as agreeing with a witness named Hungo when the latter said 'Let's stop this wholesaling of absentee ballots,' Marklein's answer [358 Mich. 473] on the occasion being 'Yes, we got--there's enough of the damned things.'

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