People v. Luby

• Decision Date: 12 February 1894
• Citation: 99 Mich. 89,57 N.W. 1092
• Court: Michigan Supreme Court
• Parties: PEOPLE v. LUBY.

57 N.W. 1092

99 Mich. 89

PEOPLE v. LUBY.

Supreme Court of Michigan

February 12, 1894

Error and certiorari to circuit court, Kalamazoo county; George M. Buck, Judge.

Lawrence Luby was convicted of keeping his saloon open on Sunday, and he appeals. Affirmed.

Hawes & Luby, for appellant.

A. A. Ellis, Atty. Gen., and Alfred S. Frost, Pros. Atty., for the People.

GRANT, J.

Respondent was arrested, upon a proper complaint and warrant, upon the charge of keeping his saloon open upon Sunday. He waived examination, and was bound over to the circuit court for trial. He pleaded guilty, and was sentenced to pay a fine of $100 and the costs, which were taxed at $5. He now raises three objections to the sentence: (1) That he was not sufficiently examined by the circuit judge to determine whether his plea was voluntary; (2) that he was unduly influenced to plead guilty; (3) that Act No. 313, Pub. Acts 1887, was not constitutionally enacted. The first two objections are disposed of by the return of the circuit judge to the writ of certiorari that he gave the respondent a private examination in a private room, and that respondent then said that his plea was voluntary, and that he had not been threatened, coaxed, or induced by any one to plead guilty. The third point is that the act in question was not read in full, but by its title only, upon the first and second reading in the legislature. This objection is disposed of against the respondent in Attorney General v. Rice, 64 Mich. 385, 31 N.W. 203. Conviction affirmed.

MONTGOMERY, J., did not sit. The other justices concurred.