People v. Johnson

• Decision Date: 27 June 1890
• Court: Michigan Supreme Court
• Parties: PEOPLE v. JOHNSON.

45 N.W. 1119

81 Mich. 573

PEOPLE v. JOHNSON.

Supreme Court of Michigan

June 27, 1890

Error to circuit court, Saginaw county; CHAUNCY H. GAGE, Judge.

Defendant Henry Johnson, and Marshall Millard were informed against for larceny. Defendant was separately tried, convicted, and now brings error. How. St. Mich. � 7092, gives justices of the peace jurisdiction over all larcenies where the value of the property stolen does not exceed $25. After the jury had returned their verdict, defendant was permitted to examine one of the jurors, Martin Forhan, touching his qualifications. He testified that he resided in East Saginaw and had for the last 25 years; that he owned considerable property there; that in the fall of 1888 his wife moved to Ann Arbor, Washtenaw county, this state, for the purpose of educating their children; that he had never changed his residence from East Saginaw; that his family was at Ann Arbor only temporarily; that he considered East Saginaw his residence; and his family were only at Ann Arbor as a temporary matter; that he never had any intention of changing his residence, and had only been to Ann Arbor to visit his family twice, staying with them in all about nine weeks. He however, admitted that at the fall election of the preceding year he had voted at Ann Arbor.

Wm. H. Sweet, for appellant.

Charles T. Beatty, Asst. Pros. Atty., for the People.

CHAMPLIN C.J.

Johnson was jointly informed against with one Marshall Millard, and elected to be tried separately for the crime of larceny. The information charged the offense as follows: "On the 28th day of May, in the year eighteen hundred and eighty-nine, at the township of Saginaw, in the county of Saginaw thirty-five bushels of wheat, of the value of $31, of the goods, chattels, and property of Otto Stark, and three hams and one buffalo robe, of the value of $15, of the goods and chattels and property of John Jacob Stark, then and there being found, there and then feloniously did steal, take, and carry away, contrary," etc. Respondent's counsel first moved to quash the information, which being denied he pleaded thereto, and a jury was impanneled for his trial on September 20, 1889. A witness was sworn, but before he was examined the counsel objected to the introduction of any testimony, on the ground that the information charges two distinct offenses against two different persons in one count, and are improperly joined. The objection was overruled, and the trial proceeded. The people gave testimony tending to show that all the property mentioned in the information was in a granary belonging to John Jacob Stark,-the wheat on the first floor, and the robe and hams on the second floor, thereof; that the wheat was the property of Otto Stark, a son of said John J. Stark, and that he was living on the place with John J. Stark; that the robe and hams were the property of John J. Stark, and all of said property was stolen and carried a way at the same time by said defendants; that the value of the wheat was $28 to $35, and the robe and hams $7. The counsel for Johnson requested the court to charge the jury that "the information in this case contains but one count, charging two distinct offenses, for which the law enforces different proceedings and different punishment, one of which offenses a...