People v. Dowd
| Decision Date | 27 October 1880 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. DOWD. |
Objections to the complaint and warrant upon which a prisoner is arrested, which he had an opportunity to interpose upon his examination, cannot be raised for the first time when called upon to plead to the information. Motion to strike out evidence, and withdraw the case from the jury, properly denied.
Exceptions before sentence from the recorder's court of Detroit.
Otto Kirchner, for the People.
Maybury & Conely and Miller & Clarke, for respondent.
Whether the respondent in this case could have interposed a valid objection in the police court to the complaint and warrant under which he was arrested, or either of them, either in form or substance, we need not determine. An examination was had without objection and the respondent held for trial, and we are of opinion that he could not for the first time raise such objections when called upon to plead to the information, as the charge contained in the information was embraced in the complaint and warrant and covered by the examination. The motion made to strike out the testimony of certain of the witnesses was properly denied, as the evidence given, in part at least, was competent as against the respondent, and the motion to strike out included this also. The court also properly refused to withdraw the case from the consideration of the jury.
We discover no error in the record and it must be so certified to the recorder's court.
(The other justices concurred.)
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...on the issue. We direct defendant to 1 Gillespie, Michigan Criminal Law and Procedure (2d ed.), § 184, and the case of People v. Dowd (1880), 44 Mich. 488, 7 N.W. 71, wherein the Court denied Dowd permission to object to the complaint and warrant under which he was arrested when he was call......
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