People v. Bartz
| Decision Date | 23 April 1884 |
| Citation | 53 Mich. 493,19 N.W. 161 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. BARTZ. |
The term "breach of the peace" is generic, and includes riotous and unlawful assemblies, riots, affrays, forcible entry and detainer, the wanton discharge of fire-arms so near the chamber of a sick person as to cause injury, the sending of challenges and provoking quarrels, the going armed in public, without lawful occasion, in such a manner as to alarm the public, and many other similar acts.
The wanton discharge of fire-arms in the public streets of a city is a breach of the peace. CAMPBELL, J., dissents.
Where an offense is committed at the distance of the width of a street from an officer, and within his sight, although in the night, and he does not lose sight of the offender, while pursuing him to make the arrest, it is sufficiently within his presence to justify the arrest without a warrant; and a charge to that effect will be sustained.
Exceptions from recorder's court of Detroit.
J.J Van Riper, for the People.
Edward S. Grece, for defendant.
Respondent was convicted in the recorder's court of the city of Detroit of knowingly and willfully assaulting Frank Lewis, a member of the metropolitan police department, by discharging at and towards him a revolver loaded with cartridge and ball. It was charged that on the twenty-second day of December 1883, respondent broke the public peace in the city of Detroit by wantonly discharging a revolver in one of the public streets, in the presence and hearing of Policeman Lewis, who, deeming it necessary as a means of preserving the public peace, and as a means of preventing a further breach thereof on the part of respondent, arrested and took him in custody, and while on the way to the station the respondent committed the assault for which he was convicted. The record shows that the jury must have found the fact that the respondent, about 11 o'clock at night, wantonly discharged his revolver while in the public street, at the corner of Michigan Grand avenue and Randolph street. The officer who made the arrest was standing on the opposite side of the avenue, and saw the flash and heard the report and saw the respondent and another man start and run up Randolph street to Brush street. The officer pursued and arrested respondent at this point. He had not been out of sight of the officer from the time he fired the shot until he overtook and arrested him. The verdict of the jury is conclusive upon the facts that respondent wantonly discharged his revolver in the public street, and that he willfully committed the assault upon the officer while in his custody and under arrest for the offense. Two questions only are presented for determination: First, was it a breach of the public peace to wantonly discharge a revolver at the place named in the information under the circumstances shown by the evidence second, was the offense...
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