People v. Shoemaker

Decision Date17 June 1902
Citation131 Mich. 107,90 N.W. 1035
CourtMichigan Supreme Court
PartiesPEOPLE v. SHOEMAKER.

Error to circuit court, Washtenaw county; Edward D. Kinne, Judge.

Frederick J. Shoemaker was convicted of horse stealing, and he brings error. Affirmed.

Cavanaugh & Wedemeyer, for appellant.

John L. Duffy, Pros. Atty., for the People.

GRANT, J.

Respondent was convicted of horse stealing, under Act No. 102, Pub. Acts of 1877 (Comp. Laws, � 11,595).

1. Complaint is made of certain statements made by the prosecuting attorney in his opening to the jury. The extracts from the statement complained of are isolated from the rest of the statement, and were made, as expressly stated, by the prosecuting attorney, not to influence the jury, but to explain the reason why certain witnesses would be produced. In his closing address to the jury the prosecuting attorney called the defendant a 'monumental liar and bluffer.' We are not prepared to say there was no evidence in the case to justify these remarks.

2. Several errors are assigned upon the admission of testimony. No reason was given for some of the objections, and such objections will not be considered. We, however, find no prejudicial error in any of the rulings upon the testimony. They are not of sufficient importance to discuss. Evidently the attorneys for the defendant made a severe attack upon the police officers, and now complain of the following instruction: 'The police department is an important part of the machinery of our government, and it is well enought to bear in mind that your homes, your lives, and your property would not be safe but for the police department and officers. It does not follow that because an officer testifies in the court room that his testimony is to be discarded, or any suspicion cast upon it, unless there is something about it which calls your attention to it.' We see no objection to the instruction.

We find no error upon the record, and the conviction is affirmed.

LONG, J., did not sit. The other justices concurred.

To continue reading

Request your trial
1 cases
  • People v. Shoemaker
    • United States
    • Supreme Court of Michigan
    • June 17, 1902
    ...131 Mich. 10790 N.W. 1035PEOPLEv.SHOEMAKER.Supreme Court of Michigan.June 17, Error to circuit court, Washtenaw county; Edward D. Kinne, Judge. Frederick J. Shoemaker was convicted of horse stealing, and he brings error. Affirmed. [90 N.W. 1036] Cavanaugh & Wedemeyer, for appellant.John L. ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT