Leidtke v. City of Saginaw
| Citation | 4 N.W. 627,43 Mich. 64 |
| Court | Supreme Court of Michigan |
| Decision Date | 11 February 1880 |
| Parties | LEIDTKE v. THE CITY OF SAGINAW. |
A complaint for violation of a city ordinance, charging more than one offence in the same count, is bad.
Certiorari to recorder's court of Saginaw city.
Albert Trask, for plaintiff in certiorari.
W.A. Clark, for defendant in certiorari.
The plaintiff in certiorari was arrested, tried and found guilty of disorderly conduct in violation of an ordinance of the city.
The case, as presented on behalf of the city, seems to have been one of those convenient prosecutions which for certain purposes are deemed civil, for others criminal, and where necessary, partake of the character of both.
Two separate and entirely distinct offences, committed on separate days, were alleged in the same complaint and warrant. This was erroneous.
Separate and distinct offences may be charged in different counts, and the prosecution may be called upon to elect upon which count he will proceed. If separate offences could be charged in the same count, so soon as the prosecutor should introduce evidence tending to sustain either one he would be bound thereby, and could not introduce evidence to support the other.
The course pursued in this case would prove exceedingly embarrassing on the trial. Upon the trial of either offence standing alone, the accused could prepare for trial, and the court or the jury might acquit or be unable to agree upon a conviction; while if two or more distinct offences are charged in the same count, the accused would have no means of knowing upon which charge the prosecutor would rely, and the jury might agree upon a verdict of guilty, while unable to agree upon any one of the charges. Other difficulties might be referred to if necessary. People v. Jenness, 5 Mich. 327; People v. McKinney, 10 Mich. 94; Hamilton v. People, 29 Mich. 178. The judgment of the recorder must be reversed and held for naught.
(The other justices concurred.)
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Leidtke v. City of Saginaw
...43 Mich. 644 N.W. 627LEIDTKEv.THE CITY OF SAGINAW.Supreme Court of Michigan.Filed February 11, A complaint for violation of a city ordinance, charging more than one offence in the same count, is bad. Certiorari to recorder's court of Saginaw city. [4 N.W. 627] Albert Trask, for plaintiff in......