People v. Stockfish

• Decision Date: 27 June 1950
• Docket Number: No. 71,71
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Walter N. STOCKFISH, Defendant-Appellant.
• Court: Michigan Supreme Court

Page 314

43 N.W.2d 314

328 Mich. 171

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Walter N. STOCKFISH, Defendant-Appellant.

No. 71.

Supreme Court of Michigan.

June 27, 1950.

Appeals from the circuit court for the county of Ingham; John Simpson, Judge of the 4th Judicial Circuit presiding.

On rehearing. Judgment affirmed.

Stephen Majewski, Hamtramck, for defendant-appellant.

Stephen J. Roth, Attorney General, Edmund E. Shepherd, Solicitor General, Lansing, Daniel J. O'Hara, Assistant Attorney General, Richard B. Foster, Special Assistant Prosecuting Attorney, Lansing, for plaintiff-appellee.

Before the Entire Bench except DETHMERS, BUTZEL and CARR, JJ.

NORTH, Justice.

On the original hearing in this Court and also in his motion for rehearing in this case, defendant Stockfish adopted and relied upon the record and briefs submitted by other appellants, particularly those of defendants Hancock, Cooper, Omacht, Kronk and Sumeracki.

On this rehearing we have again considered the contentions of the various appellants, and opinions have been submitted in which the respective convictions are affirmed. For applicable reasons contained in our opinions in the companion cases, particularly in the Hancock, Cooper and Omacht cases, People v. Hancock, Mich., 43 N.W.2d 312; People v. Cooper, Mich., 43 N.W.2d 310; People v. Omacht, Mich., 43 N.W.2d 305, the conviction and sentence in the instant case are affirmed.

BOYLES, C. J., and SHARPE, J., concurred with NORTH, J.

BUSHNELL, Justice (dissenting).

This defendant was one of the legislators indicted, convicted, and sentenced in the trial in which defendants Hancock, Omacht and Cooper were convicted. He adopted the briefs of the other appellants, and asks that the warrant and information be dismissed or a new trial granted.

Because of the views expressed in People v. Omacht, Mich., 43 N.W.2d 305, Stockfish also should be granted a new trial. His conviction is reversed and a new trial ordered.

REID, J., concurred with BUSHNELL, J.