Hall v. People

• Decision Date: 11 October 1870
• Citation: 21 Mich. 456
• Court: Michigan Supreme Court
• Parties: Harvey B. Hall v. The People

21 Mich. 456

Harvey B. Hall v. The People

Supreme Court of Michigan

October 11, 1870

Heard October 4, 1870 [Syllabus Material]

Error to Calhoun circuit.

The plaintiff in error was charged upon the information of the prosecuting attorney of Calhoun county that he, "on the 18th day of December, in the year one thousand eight hundred and sixty-seven, at the township of Sheridan, in the county of Calhoun aforesaid, did falsely take upon himself to act as moderator, and in the office of moderator of school district number one of said township of Sheridan, said office of moderator being an office and place of authority, contrary to the form of the statute," etc. The information contained a second count, charging the same offense, with the difference only as to the time, which was alleged to be on the second day of December, in the year one thousand eight hundred and sixty-seven, and from said day until the first day of February, in the year one thousand eight hundred and sixty-eight, and on each and every one of said days.

On the trial, the prosecuting attorney having offered evidence tending to show that defendant was moderator and acted as such of school district number one in Sheridan in the year 1867, and that a movement was made by the town board in November of that year to displace him, produced a record book, and gave evidence tending to show it to be the public record book of the town of Sheridan, and offered to read so much of the same in evidence as referred to the movement of said board in respect to the removal of the defendant from said office of moderator. The complaint considered by the township board is entered on the book as the "complaint against Harvey B. Hall, moderator of district number two, for illegal use of public money."

To the reading of the same in evidence, the defendant objected on the ground that the same was irrelevant to the issue, and incompetent testimony; that the proceedings did not appear to be founded on any complaint against the defendant as moderator of school district number one of Sheridan; that the said record did not appear to be a record of any legal proceeding against the defendant as moderator of district number one, nor against the moderator of school district number one of Sheridan.

Thereupon the plaintiff, for the purpose of explaining the said record recalled David Verplank, by whom he proposed to prove that he made a complaint against defendant, on which he was brought before the town board of Sheridan, and to whom he put the following question, to wit: Did you make a complaint against the defendant, on which he was brought before the town board of Sheridan?

It being admitted that said complaint, if any, was in writing, the defendant objected to the introduction of the evidence, on the ground that the same was incompetent testimony, and not the best evidence, but the circuit judge overruled the objection, and allowed the evidence to be admitted as preliminary, and the witness answered "yes;" to which decision of the said circuit judge the defendant excepted. The counsel for the plaintiff for the same purpose propounded the following question to said witness: In your complaint did you complain of defendant as moderator of school district number one, or two? To which question, and the introduction of the evidence, the defendant objected on the same ground. The circuit judge overruled the objection, and admitted the evidence, and the witness answered, "district number one;" to which decision of the said circuit judge the defendant excepted.

The circuit judge charged the jury:

"That it is for the jury to say, under the instruction of the court as to the law, whether defendant acted against the law in assuming to act as moderator of district number one. Where a man commits an unlawful act, unaccompanied by any circumstance justifying its commission, it is a presumption of law that he has acted advisedly and with intent to produce the consequences which have ensued. That the prosecution had endeavored to show that defendant once held the office of moderator and was removed, and that to support it, various documents had been introduced. That the record stands here as conclusive evidence of all it contains. It is for you to determine whether he gave the notice; if you believe he gave the notice, it would be one act within the statute. There is proof before you going to show that on the 14th of December he appeared and presided. If you believe he presided, then you have another act for which he would be responsible within the statute. It is claimed that the party should be shown to act with intent to act falsely. If he acted without authority, then the presumption of law is that he intended to act falsely."

To which charge of the circuit judge the defendant excepted. The jury found the defendant guilty, and he brings the cause into this court by writ of error.

Judgment reversed, and a new trial ordered.

Thomas G. Pray, for plaintiff in error.

Dwight May, attorney-general, for defendant in error.

OPINION

Graves, J.

The plaintiff in error was charged with having falsely taken upon himself to act as moderator of school district number one of the township of Sheridan, and, on information against him for such offense, was convicted in the court below. On the trial, the prosecuting attorney having given evidence tending to show that Hall had been moderator of the district, and that a movement was made to remove him from the office, sought to establish the charge set forth in the information by proof that the township board removed him and that he thereafter assumed to act as though still in office. To show the removal from office, as claimed by the people, certain writings purporting to be the record of the proceedings of the board in the case, were offered in evidence by the prosecuting attorney.

This evidence was admitted against an objection by Hall that it was irrelevant and incompetent, as the prosecuting attorney had already submitted evidence tending to show that Hall had been made moderator for a term covering the time when the acts of usurpation...