People v. Shane
| Decision Date | 29 July 1927 |
| Docket Number | No. 101.,101. |
| Citation | 214 N.W. 944,240 Mich. 35 |
| Parties | PEOPLE v. DU SHANE. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Circuit Court, Ottawa County; Orien S. Cross, Judge.
Charles Du Shane was convicted of possessing intoxicating liquor, and he brings exceptions before sentence. Exceptions overruled, and judgment advised.
Argued before the Entire Bench.Clarence A. Lokker, Pros. Atty., of Holland, for the People.
Alexis J. Rogoski, of Muskegon, for respondent.
Defendant, on exceptions before sentence, contends that his conviction of possessing intoxicating liquor should be set aside for two reasons:
(1) That his arrest and the incidental search of his person violated his constitutional right to be secure against unreasonable searches and seizures, and that the court, on motion, ought to have suppressed the evidence. The arresting officers officers testified that they found defendant intoxicated in a public place. Defendant denied having been intoxicated. The court found the truth to be with the officers. The denial of the motion, so supported, must stand. That an officer, in such circumstances, may arrest without warrant and may make the incidental search needs no citation of authority.
(2) That prejudicial testimony was admitted. Admittedly defendant possessed the intoxicating liquor. The court might well have instructed the jury that it was their duty to convict as indicated in People v. Heikkala, 226 Mich. 332, 197 N. W. 366.
Therefore the testimony is held to be without prejudice.
Judgment advised.
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People v. Gonzales
...180 Mich. 641, 147 N.W. 525, and People v. Conway, 225 Mich. 152, 195 N.W. 679, are plainly not in point; and the 3d, People v. Du Shane, 240 Mich. 35, 214 N.W. 944, is not authority for the key holding of the Davis Case which 'The arrest here was lwful, and that it therefore was proper for......
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People v. Davis
...which we need not quote: People v. Cona, 180 Mich. 641, 147 N. W. 525;People v. Conway, 225 Mich. 152, 195 N. W. 679;People v. Du Shane, 240 Mich. 35, 214 N. W. 944; note 39 A. L. R. 818. Affirmed.NORTH, C. J., and FEAD, WIEST, McDONALD, POTTER, and SHARPE, JJ., and condur. * See, also, 226......