People v. Kuhn

• Decision Date: 03 November 1887
• Citation: 35 N.W. 88,67 Mich. 463
• Court: Michigan Supreme Court
• Parties: PEOPLE v. KUHN.

35 N.W. 88

67 Mich. 463

PEOPLE v. KUHN.

Supreme Court of Michigan

November 3, 1887

Error to recorder's court, city of Detroit.

Geo X.M. Collier, for defendant, appellant.

Moses Taggart, Atty. Gen., for the People.

CHAMPLIN J.

Frank Kuhn was convicted in the recorder's court of the city of Detroit on the twenty-first of February, 1882, of assault with intent to commit the crime of rape, and was sentenced to the state house of correction and reformatory, at Ionia. At the time of his conviction there was also an information pending against him in the same court for the crime of robbery. He was committed to the prison at Ionia, and between one and two months later the prosecuting attorney of Wayne county, of his own motion entered a nolle prosequi to such information for robbery. About March 1, 1885, Kuhn escaped from prison and fled to the Dominion of Canada. In April, 1885, the prosecuting attorney filed a petition in the recorder's court, setting up the facts as above stated, and alleging that said Frank Kuhn was a fugitive from justice, and asked leave on such sworn petition to file an information under section 9555 of Howell's Statutes, which was granted, and such information was filed, containing an allegation that said Frank Kuhn was "a fugitive from justice of the state of Michigan, and is sojourning in the jail of the county of Essex, in the Dominion of Canada, awaiting an examination on a complaint in this matter before an extradition commissioner of said Dominion." Kuhn was extradited on the charge of robbery for which the information was filed, and on being arraigned interposed a plea in bar setting up his conviction and sentence above stated, and commitment, and also that the information filed against him for robbery was nolle prosequi'd, at which time he was serving his time at the state house of correction upon the sentence given upon the conviction for assault with intent to commit a rape, and that he had not been examined upon any charge for any offense since the said nolle prosequi was entered. This plea was overruled, and the defendant required to plead to the information, which he refused to do, and thereupon the court ordered a plea of not guilty to be entered. He was tried and convicted. The court thereupon sentenced him to confinement in the state house of correction and reformatory, at Ionia, at hard labor for the period of five years.

The case is brought here by writ of error. Section 9555, How.St reads as follows: "No information shall be filed against any person for any offense, until such person shall have had a preliminary examination thereof as provided by law before a justice of the peace, or other examining magistrate or officer, unless such person shall waive his right to such examination: provided, however, that information may be filed without such examination against fugitives from...