People v. Medley, 69
| Decision Date | 07 June 1954 |
| Docket Number | No. 69,69 |
| Citation | 64 N.W.2d 708,339 Mich. 486 |
| Parties | PEOPLE v. MEDLEY. |
| Court | Michigan Supreme Court |
Frank G. Millard, Atty. Gen., Edmund E. Shepherd, Sol. Gen., Lansing, Daniel J. O'Hara, Asst. Atty. Gen., Thomas S. Worsham, Newberry, Pros. Atty., for Luce County, for the People.
William J. Sheahan, Manistique, for defendant-appellee.
Before the Entire Bench.
Upon leave being granted, the People appeal from an order of the circuit court of Luce county quashing an information filed by the prosecuting attorney against defendant, Rhodes O. Medley, for assault with intent to kill one Sam Schieber. The facts giving cause for the filing of the information and issuance of the warrant are as follows.
On October 14, 1951, Emory Baumgardner of Jackson, Michigan, drove up to his cabin in Luce county with Rhodes O. Medley and Sam Schieber who were hired by Emory Baumgardner to do some work on a tower. They left Jackson about 1 a.m. and arrived at the Baumgardner cabin about 2 p.m. the same day. There is disputed testimony that on the way up to the cabin the parties did some drinking. Baumgardner unlocked the cabin, and they all went down to the spring to look for beer which Baumgardner had left there for cooling, but did not find any. When they got back to the car the three of them drank most of a pint of whisky. All three men returned to the cabin and Baumgardner laid down on the bed in the cabin and went to sleep. He was awakened later by Sam Schieber, who said he was shot and that he had been shot by Rhodes O. Medley while he, Sam Schieber, was returning from the spring.
Baumgardner took Sam Schieber to the hospital at Newberry where the State Police and Sheriff were notified. The State Police and Sheriff came out to the camp. They found the defendant lying on a bed in an intoxicated condition. The gun used in the shooting was on a stand in the cabin. The gun contained two empty cartridges. Defendant admitted to the officers that he fired the gun that wounded Sam Schieber.
Defendant was taken to the State Police headquarters where he was questioned by the officers and the prosecuting attorney. On October 18, 1951, Robert Hallada, a state police officer, signed a complaint before the justice of the peace charging Rhodes O. Medley with the crime heretofore mentioned. An examination was held before the justice of the peace on November 2, 1951. Among other witnesses who testified was Sam Schieber who testified:
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At the conclusion of the examination defendant, Rhodes O. Medley, was bound over to the circuit court for trial with bail fixed at $10,000. On March 17, 1952, defendant, through his attorney, made a motion to quash the information for the reasons, that the complaint and warrant were defective; that defendant was denied a bill of particulars; that the justice of the peace, at the preliminary examination, permitted the introduction of irrelevant and immaterial testimony; that no probable cause was shown; and that there was no intent shown to the effect that Rhodes O. Medley intended to kill or harm Sam Schieber.
On April 14, 1952, the trial court granted the above motion for the reasons as stated:
In the case at bar the information and warrant were filed under and by virtue of C.L.1948, § 750.83, Stat.Ann. § 28.278, which states:
'Any person who shall assault another with intent to commit the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years.'
Under the above statute an information charging an assault with intent to murder sustains a conviction of the lesser offense of an assault with intent to do great...
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...Michigan, instructions similar to those used in the immediate case have been approved by the Michigan Supreme Court, People v. Medley, 339 Mich. 486, 64 N.W.2d 708 (1954); People v. Hodges, 196 Mich. 546, 162 N.W. 966 (1917); and by the Court of Appeals, People v. Nelson, 35 Mich.App. 368, ......
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