Grigg v. People
| Decision Date | 20 April 1875 |
| Citation | 31 Mich. 471 |
| Court | Michigan Supreme Court |
| Parties | Simon Grigg v. The People |
Heard April 14, 1875
Error to Wayne Circuit.
Sentence and Conviction set aside, and the plaintiff in error remanded to the sheriff of wayne county.
S Larned and Michael Firnane, for plaintiff in error.
Andrew J. Smith, Attorney General, for the People.
The plaintiff in error was informed against in the Wayne circuit court for the larceny of two horses. The value of each was laid above one hundred dollars. He was convicted and sentenced to the house of correction for one year from the 27th of January last. Complaint is made that the sentence, as recorded, does not rightly describe the offense, and also that the action of the court in vacating an order which had been granted for a new trial was unwarranted. But as there is another objection which is certainly fatal, these points will be passed over.
It is alleged for error that there was no arraignment upon the information, and that no plea was made by the prisoner or entered by the court. The return to the writ of error is silent on the subject. And the attorney general, whilst admitting that an arraignment and plea were indispensable, as of course they were, submits to the court whether, in the absence of any express matter in the record as returned to show the contrary, it ought not to be intended that both proceedings were actually had.
An arraignment and plea being steps imperatively required, the recital of them, if they were taken, was a necessary ingredient of the record. They were required to be duly entered, and it was the duty of the court below, in obedience to the writ of error, to certify here the whole record in the exact shape in which it remained there. This appears to have been done. We even find some matters in the return not upon common-law strictness components of the record, and we have the certificate of the clerk that a true and correct copy is given of all the proceedings had in the cause. No application has been made for any further or different return, and we must consider that the return made is as full and complete as the record below; and if in any such case it would be admissible to assume that the fault was caused by the failure of the lower court to have the proper entries of real proceedings made, either as they occurred or afterwards by amendme...
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