People v. Hux

• Decision Date: 02 February 1888
• Citation: People v. Hux, 68 Mich. 477, 36 N.W. 229 (Mich. 1888)
• Court: Michigan Supreme Court
• Parties: PEOPLE v. HUX.

36 N.W. 229

68 Mich. 477

PEOPLE v. HUX.

Supreme Court of Michigan

February 2, 1888

Error to circuit court, Shiawassee county.

Christian Hux was convicted before a justice of the peace for selling liquor to an intoxicated person.The conviction was affirmed by the circuit court, and defendant brings error.

Willard J Turner,(J. W. Turner, of counsel,) for appellant.

Moses Taggart, Atty. Gen., and S. F. Smith, for appellee.

LONG J.

The proceedings in this cause were commenced in justice's court in which the respondent was charged, under section 2271, How.St., with having sold and furnished to one Henry L. Brayton certain spirituous and intoxicating liquors, he the said Henry L. Brayton, being then and there an intoxicated person, etc.Warrant was issued on the eighth day of July, 1887 and respondent apprehended, and brought before the court on that day.The charges in the warrant were read to him by the court, and respondent pleaded not guilty.Respondent then moved the court for an adjournment, and stated to the court"that he was compelled to be absent on business for a week, and could not be present for trial within six days," and on motion of respondent, the prosecuting attorney of the county consenting thereto, the cause was adjourned to the eighteenth day of July, 1887, at 10 o'clock A. M.; the respondent entering into a recognizance in the sum of $100, with sureties for his appearance on that day.On the eighteenth day of July, 1887, respondent appeared before the court with his attorney, J. W. Turner, and asked leave to withdraw his plea, which motion was granted, and then moved the court that he be discharged on the ground that the justice had lost jurisdiction by reason of the adjournment being for more than one week.The court overruled the motion, and the cause proceeded to trial on that day before a jury, who found the respondent guilty as charged, and the court adjudged him to pay a fine of $50 and costs of prosecution, (ascertained by the court at $17.91,) within six hours, and in default of such payment to be imprisoned in the common jail of Shiawassee county for the period of 60 days.The cause was removed to the circuit court for the county of Shiawassee by certiorari, the grounds of error alleged in the affidavit for such writ being- First,"that he the said justice erred in overruling the motion of defendant's attorney, that he had no jurisdiction in said cause;"second,"that the said justice erred in overruling the motion of defendant's attorney in arrest of judgment, on the ground that said defendant was not present at the time said jury rendered their verdict of guilty."On the hearing in the circuit court, before his honor, Judge NEWTON, the conviction was affirmed, and the respondent brings the case to this court by writ of error.

An examination of the record shows that the error assigned upon the ruling of the justice, upon the question that "the respondent was not present at the...