People v. Newton

• Decision Date: 26 July 1893
• Citation: 56 N.W. 69,96 Mich. 586
• Court: Michigan Supreme Court
• Parties: PEOPLE v. NEWTON.

56 N.W. 69

96 Mich. 586

PEOPLE v. NEWTON.

Supreme Court of Michigan

July 26, 1893

Error to circuit court, Oakland county; Joseph B. Moore, Judge.

Lewis Newton was convicted of rape, and brings error. Reversed.

Atkinson & Carpenter, for appellant.

A. A. Ellis, Atty. Gen., and George W. Smith, Pros. Atty., for the People.

HOOKER, C.J.

The defendant appeals from a conviction of rape. William O'Brien was also charged with the same offense, and had pleaded guilty. The offense was perpetrated at the residence of complainant during the absence of the family, and the men were in the house on the return of the family. O'Brien was captured and detained; the other broke away. Soon after he came to the door, and threatened to shoot Judd Reading if he did not let his partner go. Judd stated that this man was the defendant, Newton. A Mrs. Smith was permitted to testify that a few minutes after the arrest of O'Brien, and after the other man had escaped, but before his return, O'Brien said: "Mrs. Reading, how came I here? Oh, I know; Lewis Newton brought me here." The tendency of this testimony was to establish Newton's identity. It was the statement of a confessed criminal that another had brought him to the place where the offense was committed. It was hearsay, and we think was not admissible upon the theory that it was a part of the res gestae. The conviction must be set aside, and a new trial ordered. The other justices concurred.