People v. Miller
| Decision Date | 04 December 1928 |
| Docket Number | No. 127.,127. |
| Citation | 245 Mich. 115,222 N.W. 151 |
| Parties | PEOPLE v. MILLER. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Cass County; Glenn E. Warner, Judge.
Raymond Miller was convicted of carrying two pistols concealed in an automobile, and he brings error. Reversed, and defendant discharged.
Argued before the Entire Bench.
Asa K. Hayden, of Cassopolis, for appellant.
Wilber M. Brucker, Atty. Gen., and Jack L. Pollock, Pros. Atty., of Dowagiac, for the People.
Defendant was convicted of carrying two pistols concealed in an automobile, contrary to the provisions of Act 372, P. A. 1927. The weapons were found on search of his car by officers. By objections to admission of testimony on the preliminary examination before the magistrate, by motion in the circuit court to dismiss the cause for the reason that there had been no competent testimony produced at the examination to justify his being held for trial, and by motion to suppress the evidence so obtained by the officer, he properly challenged the validity of the search. This presents the only question in the case.
The testimony taken at the examination constituted the whole showing on the motion to suppress. The determination of the motions to dismiss and to suppress rests upon such showing. Testimony later taken on the trial, amplifying the circumstances of the search, cannot be considered.
Only one witness, the undersheriff, was sworn on the examination. He testified that it had been reported to the officers that a Chrysler car without license plates had been left in a farmyard. He went there about midnight, observed that the car had no license plates, thought it might have been stolen, found it locked, pried the window open, searched, and found two pistols in a small compartment under the floor board. He stated that the car was not in a highway, but was in a farmyard. The defendant was not present. The officer returned the next day and found defendant working on his car. At that time defendant told him he had had trouble with it and had hired the farmer to draw it into the yard. The officer did not give the source of his original information, nor identify his informant. The record did not indicate that he made any inquiry of the owner of the premises before searching. The reason for the search was thus stated by the officer:
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