People v. Treat

• Decision Date: 01 November 1889
• Citation: 43 N.W. 983,77 Mich. 348
• Court: Michigan Supreme Court
• Parties: PEOPLE v. TREAT.

43 N.W. 983

77 Mich. 348

PEOPLE v. TREAT.

Supreme Court of Michigan

November 1, 1889

Error to circuit court, Barry county; FRANK A. HOOKER, Judge.

Information against Frank Treat for unlawfully selling liquor. Verdict for conviction. The defendant brings error.

CHAMPLIN J.

We discover but one error in this case, and that is of such a serious nature as calls for a reversal of the conviction. Treat was informed against for engaging in the business of selling spirituous liquors without having first executed and delivered the bond required by law. He was complained of by one Charles W. Smith, the president of the village of Nashville, in Barry county, where it was alleged the illegal business was carried on. He was defended by Mr. Smith, of the law firm of Smith & Colgrove, of Hastings. After Mr. Smith had addressed the jury in behalf of his client, the prosecuting attorney of the county followed, and in his closing argument the record discloses the following occurred Mr. Van Arman, addressing the jury, said: "Judge Smith said to you that Charles Smith is an honorable man, and that a bargain could not be made with him. That is true. I may not be permitted to make the statement, but Mr. Smith whispered in my ear, [referring to Charles W. Smith,] 'That statement of Mr. Smith is true, as he wanted to have Mr Treat plead guilty and then not try Dunham."' Respondent's counsel took exception to the remark. The court thereupon rebuked the prosecuting attorney, and told him that he was certainly jeopardizing the people's interest by going out of the record; and, upon the close of the argument, and before instructing the jury upon the merits of the controversy, requested the stenographer to read the remark made by the prosecuting attorney in relation to what Mr. Smith had whispered in his ear, and then said to the jury: "I will premise my charge by an allusion to this matter. It is a fact that you probably know, you are here to try this case upon the law and the evidence and not upon statements made between counsel. Counsel sometimes make remarks that are clearly inadmissible and unauthorized. I instruct you that that is one of that character which is to be disregarded, and whatever may have passed between him and Judge Smith upon the subject is not proper here, and could not be made the basis of a verdict. The verdict in the case is to be based upon the evidence of witnesses and not those things." It is thus...