People v. Dalrymple
| Decision Date | 13 January 1885 |
| Citation | 22 N.W. 20,55 Mich. 519 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. DALRYMPLE. |
Exceptions from Berrien.
J.J. Van Riper, for plaintiff.
Clapp & Bridgeman, for defendant.
The attorney general very properly declines to support the conviction in this case. The prosecution was for adultery, and could only have been instituted on the complaint of respondent's wife. How.St. � 9279. The wife made complaint, but afterwards filed a paper in court stating that she was overpersuaded to make it; that she would not have made it had she not been urged to do so; that she made it against her own feelings and wishes; "that she has three little boys, of whom the oldest is only seven years, and that for the sake of her children and her own peace and happiness she most respectfully asks that Madison Dalrymple may be discharged, and that said cause may be discontinued." Notwithstanding this request, the prosecuting attorney pressed the case to a conviction. Perhaps the letter of the statute was not disregarded in this action, but its spirit was. The conviction must be set aside, and the respondent discharged.
(The other justices concur.)
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...The Michigan court holds that the spouse who caused the prosecution to be commenced has the right to have it dismissed. People v. Dalrymple, 55 Mich. 519, 22 N. W. 20; Hosford v. Gratiot Circuit Judge, 129 Mich. 302, 88 N. W. 627. The three-line decision of Chief Justice Cooley in the first......
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State v. Beck
...special plea in bar, and calls our attention to the opinion of the great and eminent jurist, Judge Cooley, in the case of People v. Dalrymple, 55 Mich. 519, 22 N. W. 20. Any opinion written by so great a lawgiver as Judge Cooley will always command the respect and careful consideration of a......
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... ... People v. Dalrymple, 55 Mich. 519, 22 ... N.W. 20; Hosford v. Gratiot Circuit Judge, 129 Mich ... 302, 88 N.W. 627. The three-line decision of Chief ... ...