People v. Schoenberg
Citation | 161 Mich. 88,125 N.W. 779 |
Parties | PEOPLE v. SCHOENBERG. |
Decision Date | 01 April 1910 |
Court | Supreme Court of Michigan |
OPINION TEXT STARTS HERE
Error to Circuit Court, Muskegon County; Clarence W. Sessions, Judge.
Charles Schoenberg was convicted of keeping his saloon open on Sunday, and he brings error. Affirmed.
On August 23, 1909, an information was filed against respondent wherein he was charged with keeping his saloon open on Sunday. Being arraigned on that day, he pleaded guilty, but after a private consultation with the court was permitted to withdraw that plea, and standing mute, the court directed a plea of ‘not guilty’ to be entered. On September 20, 1909, respondent was permitted to again plead guilty, and such plea was accepted and ordered entered by the court. On October 20, 1909, respondent was sentenced to 30 days in jail and to pay a fine of $150 and costs, taxed at $30.15. Respondent has removed the case to this court by writ of error.
Argued before HOOKER, MOORE, McALVAY, BROOKE, and STONE, JJ. Stephen H. Clink, for appellant.
Alex. Sutherland, Pros. Atty., and Wallace Foote, Asst. Pros. Atty., for the People.
BROOKE, J. (after stating the facts as above).
But two assignments of error are urged by respondent:
Act No. 291, Pub. Acts 1909, is entitled: ‘An act to amend the title and sections one, two, four, five, six, seven, eight and seventeen of act No. three hundred and thirteen of the Public Acts of eighteen hundred and eighty seven, entitled ‘An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors and vinous liquors in this state, and to repeal all acts or parts of acts inconsistent with the provision of this act,’ as amended, said sections being compilers' sections five thousand three hundred seventy nine, five thousand three hundred eighty, five thousand three hundred eighty two, five thousand three hundred eighty three, five thousand three hundred eighty four, five thousand three hundred eighty five, five thousand three hundred eighty six, and five thousand three hundred ninety five of the Compiled Laws of eighteen hundred ninety seven, and to further amend said act by adding five new sections thereto to stand as sections thirty-five, thirty-six, thirty-seven, thirty-eight and thirty-nine.' The title as amended is as follows: ‘An act to provide for the taxation, licensing and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors and malt, brewed or fermented liquors, and vinous liquors, in this state, and to repeal all acts or parts of acts inconsistent with the provision of this act.’ This title is identical with the title of the old law governing the liquor traffic, except that the word ‘licensing’ has been inserted in this title. 2 Comp. Laws, p. 1686. Section 7 of the old act (Compilers' section 5385) is in part as follows:
Section 7, Act No. 291, Pub. Acts 1909, is in part as follows: ...
To continue reading
Request your trial-
People v. Pegenau
...When possible, statutes should be interpreted to avoid absurd results and to give them full force and effect. See People v. Schoenberg, 161 Mich. 88, 93-94, 125 N.W. 779 (1910); People v. Keeth, 193 Mich.App. 555, 564, 484 N.W.2d 761 (1992); Arnold v. Ogle Construction Co., 333 Mich. 652, 6......
-
Cameron v. Auto Club Ins. Ass'n
...law against assault. Id. at 161, 118 S.Ct. 1135. 5. 23 Mich. 369 (1871). 6. 58 Mich. 494, 25 N.W. 481 (1885). 7. See People v. Schoenberg, 161 Mich. 88, 125 N.W. 779 (1910). 8. See Attorney General v. Detroit U. R. Co., 210 Mich. 227, 177 N.W. 726 (1920). 9. See Garwols v. Bankers Trust Co.......
-
People v. Lowell
...v. Commonwealth, 209 Ky. 101, 272 S. W. 43. There is no inconsistency between the rule in the Hiller Case and that in People v. Schoenberg, 161 Mich. 88, 125 N. W. 779, and Sage v. State, 127 Ind. 15, 26 N. E. 667, which involved amendatory acts. In those cases the offenses and penalties as......
-
People v. Robinson
...99; People v. Piasecki (1952), 333 Mich. 122, 52 N.W.2d 626; People v. Babcock (1955), 343 Mich. 671, 73 N.W.2d 521; People v. Schoenberg (1910), 161 Mich. 88, 125 N.W. 779. As stated in 21 Am.Jur.2d, Criminal Law, § 17, p. 'The requisite certainty may sometimes be supplied by materials out......