People v. Brown
| Decision Date | 18 June 1878 |
| Citation | 39 Mich. 57 |
| Court | Michigan Supreme Court |
| Parties | William Brown v. The People |
Submitted June 5, 1878
Error to the Recorder's Court of Detroit.
Assault and battery.
Affirmed in part and reversed in part.
Hawley & Firnane for plaintiff in error.
Attorney General Otto Kirchner for the People.
In Nelson v. The People, 38 Mich. 618, disposed of at the last term, I expressed the opinion that where a party is convicted in a court of record of an offense for which he might have been tried in justice's court, it was not competent for the court to impose upon him a sentence more severe than could have been imposed had he been tried in justice's court. This case is one of that class; the offense being assault and battery, and the punishment for that offense, when imposed bye a justice of the peace, being limited to three months.
The sentence imposed by the Recorder is of imprisonment for one year. By statute-Comp. L., § 7998-a sentence merely excessive is to be reversed for the excess only, and this should therefore be affirmed as a sentence for three months only, and reversed as to the remainder.
CONCUR
Graves, J. Whilst I am not clear that the view here taken is correct, I am not prepared to say it is wrong, and therefore I concur.
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