Clark v. People

Decision Date06 October 1880
Citation6 N.W. 682,44 Mich. 308
CourtMichigan Supreme Court
PartiesCLARK v. PEOPLE.

Information--failure to have examination.

Error to the superior court of Grand Rapids.

Gibson & Parkinson, for plaintiff.

Otto Kirchner, Att'y Gen., for the people.

MARSTON, C.J.

This case comes clearly within Edwards v. The People, 39 Mich. 760. The information was sworn to December 26, 1878, and on the same day the respondent was arraigned, pleaded guilty, and was sentenced, and there is nothing in the record showing, or from which it can be inferred, that any examination, such as the act of 1875 contemplates, was had. The judgment must therefore be reversed, and the prisoner discharged.

(The other justices concurred.)

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8 cases
  • People v. Taylor
    • United States
    • Michigan Supreme Court
    • April 6, 1972
    ...Court, even in the 'voluntary' cases. Edwards v. People, 39 Mich. 760 (1878); Henning v. People, 40 Mich. 733 (1879); Clark v. People, 44 Mich. 308, 6 N.W. 682 (1880); People v. Ferguson, 48 Mich. 41, 11 N.W. 777 (1882); People v. Coveyou, 48 Mich. 353, 12 N.W. 200 (1882); People v. Lepper,......
  • People v. Mauch
    • United States
    • Michigan Supreme Court
    • November 23, 1976
    ...convictions where there was no attempt to ascertain that a crime was committed and that the defendant committed it, Clark v. People, 44 Mich. 308, 6 N.W. 682 (1880); Edwards v. People, 39 Mich. 760 (1878); where subsequent evidence strongly suggested defendant's innocence, People v. Rucker,......
  • People v. Brown
    • United States
    • Michigan Supreme Court
    • June 4, 1884
    ... ... certiorari. We cannot have any other. The judge, under the ... statute, is to satisfy himself by private examination on that ... subject, and if satisfied is to proceed to judgment. How.St ... � 9558; Edwards v. People, 39 Mich. 760; Henning ... v. People, 40 Mich. 733; Clark v. People, 44 ... Mich. 308; S.C. 6 N.W. 682; People v. Ferguson, 48 ... Mich. 41; S.C. 11 N.W. 777; People v. Stickney, 50 ... Mich. 99; S.C. 14 N.W. 880 ... It is ... said that much of the judge's return is surplusage, and ... that the affidavit of the prosecuting attorney ... ...
  • People v. Lepper
    • United States
    • Michigan Supreme Court
    • July 2, 1883
    ... ... sentence. Still, there appears to have been no undue haste in ... the matter, and the facts stated in the return, we think, ... brings the case clearly within the previous rulings of this ... court. Henning v. People, 40 Mich. 733; Bayliss ... v. People, 46 Mich. 221; [S.C. 9 N.W. 257;] Clark v ... People, 44 Mich. 308; [S.C. 6 N.W. 682;] People v ... Ferguson, 48 Mich. 41; [S.C. 11 N.W. 777.] ... The ... judgment of the circuit court must be affirmed ... (The ... other justices ... ...
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