People v. Barlow
| Decision Date | 15 September 1903 |
| Citation | 96 N.W. 482,134 Mich. 394 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. BARLOW. |
Error to Circuit Court, Lenawee County; Guy M. Chester, Judge.
John Barlow was convicted of illegally bringing a pauper into a county other than that in which she had a residence, and he brings error. Affirmed.
Forrest C. Badgley and Charles H. Smith, for appellant.
Theodore M. Joslin, Pros. Atty. (James N. Sampson, of counsel), for the People.
Section 4514 of the Compiled Laws provides: 'Any person who shall send, carry, transport, remove or bring, or who shall cause or procure to be sent, carried, transported, removed or brought any poor or indigent persons from any township village, city or county, into any other township, village city or county, or from any other state or country into any county in this state, without legal authority, and there leave such poor persons, or who shall entice such poor person so to remove, with the intent to make such county, to which the removal shall be made, chargeable with the support of such pauper, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be imprisoned in the county jail not exceeding three months, or fined not exceeding one hundred dollars, or both such fine and imprisonment in the discretion of the court.' The appellant was keeper of the county house in Jackson county, and was convicted, under the statute quoted, upon a charge of having taken, sent or removed one Harriet Marsha, a poor and indigent person, from Jackson county, Mich., into the township of Woodstock, Lenawee county, without legal authority, and of having left her with the intent to make the said township chargeable with her support. The respondent was first tried and convicted before a justice of the peace in Lenawee county, and afterwards in the circuit court for said county. Upon the last trial the prosecuting attorney introduced evidence tending to show that Harriet Marsha was taken by a family named Ambler, then residing in Lenawee county (with whom she soon after removed to Jackson county), when she was a young girl, about 10 years old, from the county house, or from persons who brought her into the county, as an indigent child. That was 40 or 50 years ago. She lived with the Amblers for many years, and until they died. She was left $75 by the will of Mrs. Ambler, and one Fish was appointed her guardian by the probate court for Jackson county. She afterwards lived with Fish until 1899 or thereabouts, when John Hull came to procure her services as help in his family. He made a bargain with reference thereto with her guardian and she lived at his house in Woodstock, Lenawee county upwards of two years, when she was returned to Fish, where she remained until her money was exhausted, when, upon the order of the supervisor, she was sent to the poorhouse in Jackson county. The officers of the poor learned that she had lived with Hull in Lenawee county, and, doubtless, of her earlier residence there. The subject was brought to the attention of the board of superintendents of the poor of Jackson county, which directed the chairman to go to...
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...for directed verdict of acquittal and then deny those motions when the defendant's proof supplies necessary evidence. People v. Barlow, 134 Mich. 394, 96 N.W. 482 (1903); People v. Garcia, 33 Mich.App. 598, 601, 190 N.W.2d 347, 349 (1971); and People v. Qualls, 9 Mich.App. 689, 697, 158 N.W......
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