163 N.W. 490 (Mich. 1917), 157, People v. La Londe

Docket Nº157.
Citation163 N.W. 490, 197 Mich. 76
Opinion JudgeBIRD, J.
Party NamePEOPLE v. LA LONDE.
Attorney[197 Mich. 77] M. M. Larmonth and F. T. McDonald, both of Sault Ste. Marie, for appellant. Alex. J. Groesbeck, Atty. Gen., and Thomas J. Green, Pros. Atty., of Sault Ste. Marie, for the People.
Judge PanelArgued before KUHN, C.J.,. and STONE, OSTRANDER, BIRD, MOORE, and BROOKE, JJ.
Case DateJune 28, 1917
CourtSupreme Court of Michigan

Page 490

163 N.W. 490 (Mich. 1917)

197 Mich. 76

PEOPLE

v.

LA LONDE.

No. 157.

Supreme Court of Michigan

June 28, 1917

Error to Circuit Court, Chippewa County; Louis H. Fead, Judge.

William S. La Londe was convicted of the crime of statutory rape, and brings error. Reversed, and new trial granted.

Argued before KUHN, C.J.,. and STONE, OSTRANDER, BIRD, MOORE, and BROOKE, JJ.

[197 Mich. 77] M. M. Larmonth and F. T. McDonald, both of Sault Ste. Marie, for appellant.

Alex. J. Groesbeck, Atty. Gen., and Thomas J. Green, Pros. Atty., of Sault Ste. Marie, for the People.

BIRD, J.

Page 491

The respondent has assigned error on a judgment of conviction for the crime of statutory rape upon one Edith Innis at the city of Sault Ste. Marie, in the month of May, 1915.

Respondent is a resident of Sault Ste. Marie, and is 68 years of age, and at that time was engaged in the insurance business. It is claimed by the people that he [197 Mich. 78] arranged with Edith's mother to have Edith come and assist him in his office after school hours, and that on or about the 1st day of May, 1915, he had intercourse with her in his office. Upon reaching home Edith informed her mother that respondent had caressed and kissed her. By reason of this the mother refused to allow her to return to his office again. In December, 1915, she became ill and was taken to the hospital, where upon examination she was found to be pregnant. Then for the first time she disclosed to her mother that she had been intimate with respondent or with any other person. Respondent denies that he ever had intercourse with the girl, and claims that he was at the time sexually impotent, and had been for several years prior thereto, by reason of a severe injury which he received from the kick of a horse.

1. The first assignment of error is based upon the refusal of the trial court to allow the testimony taken at the examination and made a part of the return to be taken to the jury room. It is claimed by respondent that the prosecuting attorney agreed in open court that the testimony might be taken to the jury room, buy subsequently and after the jury had retired he withdrew his consent, and that by so doing it resulted in harm to respondent, as his counsel did not comment in the closing argument upon the variance in the testimony of the complaining witness as fully as they would have done...

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10 practice notes
  • 189 N.W.2d 309 (Mich. 1971), 16, Taylor v. Walter
    • United States
    • Michigan Supreme Court of Michigan
    • August 27, 1971
    ...N.W. 1059; Lunde v. Detroit United Railway, 177 Mich. 374, 143 N.W. 45; People v. Cutler, 197 Mich. 6, 163 N.W. 493; People v. La Londe, 197 Mich. 76, 163 N.W. 490.' In Zimmerman, supra, the court said: (277 Mich. pp. 136--137, 268 N.W. p. 837) 'Notwithstanding the contention of plaintiff's......
  • 253 N.W.2d 626 (Mich. 1977), 57233, People v. Bouchee
    • United States
    • Michigan Supreme Court of Michigan
    • June 2, 1977
    ...matter was irrelevant. The Court of Appeals thought this "line of inquiry" was one this Court approved in People v. LaLonde, 197 Mich. 76, 163 N.W. 490 (1917), "as affecting the credibility of the witness". In LaLonde the defendant was charged with statutory rape of a gi......
  • 180 N.W.2d 391 (Mich.App. 1970), 7330, People v. Benberry
    • United States
    • Michigan Court of Appeals of Michigan
    • May 28, 1970
    ...taken to the jury room for consideration of the jury. People v. De Frenn (1929), 247 Mich. 698, 226 N.W. 710; People v. La Londe (1917), 197 Mich. 76, 163 N.W. 490. However, it would have been error to permit a jury to take with them, during deliberation, matter which was not admitted into ......
  • 233 N.W.2d 503 (Mich.App. 1975), 20946, People v. Bouchee
    • United States
    • Michigan Court of Appeals of Michigan
    • June 11, 1975
    ...four children were all born before they were married. This line of inquiry was allowed by our Supreme Court in People v. LaLonde, 197 Mich. 76, 163 N.W. 490 (1917), as affecting the credibility of the witness. The scope of cross-examination is a matter left to the discretion of the trial ju......
  • Request a trial to view additional results
10 cases
  • 189 N.W.2d 309 (Mich. 1971), 16, Taylor v. Walter
    • United States
    • Michigan Supreme Court of Michigan
    • August 27, 1971
    ...N.W. 1059; Lunde v. Detroit United Railway, 177 Mich. 374, 143 N.W. 45; People v. Cutler, 197 Mich. 6, 163 N.W. 493; People v. La Londe, 197 Mich. 76, 163 N.W. 490.' In Zimmerman, supra, the court said: (277 Mich. pp. 136--137, 268 N.W. p. 837) 'Notwithstanding the contention of plaintiff's......
  • 253 N.W.2d 626 (Mich. 1977), 57233, People v. Bouchee
    • United States
    • Michigan Supreme Court of Michigan
    • June 2, 1977
    ...matter was irrelevant. The Court of Appeals thought this "line of inquiry" was one this Court approved in People v. LaLonde, 197 Mich. 76, 163 N.W. 490 (1917), "as affecting the credibility of the witness". In LaLonde the defendant was charged with statutory rape of a gi......
  • 180 N.W.2d 391 (Mich.App. 1970), 7330, People v. Benberry
    • United States
    • Michigan Court of Appeals of Michigan
    • May 28, 1970
    ...taken to the jury room for consideration of the jury. People v. De Frenn (1929), 247 Mich. 698, 226 N.W. 710; People v. La Londe (1917), 197 Mich. 76, 163 N.W. 490. However, it would have been error to permit a jury to take with them, during deliberation, matter which was not admitted into ......
  • 233 N.W.2d 503 (Mich.App. 1975), 20946, People v. Bouchee
    • United States
    • Michigan Court of Appeals of Michigan
    • June 11, 1975
    ...four children were all born before they were married. This line of inquiry was allowed by our Supreme Court in People v. LaLonde, 197 Mich. 76, 163 N.W. 490 (1917), as affecting the credibility of the witness. The scope of cross-examination is a matter left to the discretion of the trial ju......
  • Request a trial to view additional results