People v. Van Vorce, 93.

CourtSupreme Court of Michigan
Writing for the CourtBIRD
Citation240 Mich. 75,215 N.W. 5
PartiesPEOPLE v. VAN VORCE.
Docket NumberNo. 93.,93.
Decision Date29 July 1927

240 Mich. 75
215 N.W. 5

PEOPLE
v.
VAN VORCE.

No. 93.

Supreme Court of Michigan.

July 29, 1927.


Error to Circuit Court, Washtenaw County; George W. Sample, Judge.

Merle Van Vorce was convicted of possessing intoxicating liquors, and he brings error. Reversed and remanded.

Argued before the Entire Bench.

[215 N.W. 5]

Carl A. Lehman and Jacob F. Fahrner, both of Ann Arbor, for appellant.

Carl H. Stuhrberg, Pros. Atty., of Ann Arbor, for the People.


BIRD, J.

Defendant was convicted in the Washtenaw circuit court for having in his possession certain intoxicating liquors. The liquors were secured by means of a search warrant. A motion was duly made to suppress the evidence obtained by the search warrant, on the ground that the search warrant was invalid. The motion was not heard, and defendant was forced to trial before the motion could be heard under the rule, and he thereby lost the benefit of this defense.

1. The principal ground of the motion to suppress was that the search warrant was invalid because it did not contain all the material facts alleged in the affidavit, as required by Act 338, section 27, of the Laws of 1917. The material part of that section reads:

‘The warrant for search shall be directed to the proper officer and shall recite all of the material facts alleged in the affidavit, and describe the things to be searched for and the place to be searched.’

The affidavit set up as a ground of belief that the affiant bought certain liquors of defendant on August 31, 1925, and that he tasted of the same, and was able to determine what they were. No hint of this was contained in the warrant. A similar question was presented in the case of People v. Moten, 233 Mich. 169, 206 N. W. 506, recently decided by this court. It was there held that the warrant was invalid.

This was a meritorious question, and defendant should have had an opportunity to present it. Counsel requested the court to continue the case for a brief period and give them an opportunity to examine the files, as they had been in the possession of the prosecutor. This motion was denied. They then requested the court to shorten the time of the motion, under rule 15, but this request was likewise denied, and defendant was forced to trial before the return of the justice of the peace had been filed in the circuit court.

The record does not show that there was any unreasonable delay by any of the interested parties in getting the matter to trial. The requests made by counsel were...

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13 practice notes
  • People v. Pearson, Docket Nos. 57147
    • United States
    • Supreme Court of Michigan
    • January 8, 1979
    ...Cager. 23 People v. Schwartz, 62 Mich.App. 188, 193, 233 N.W.2d 517 (1975). 24 Id., p. 195, 233 N.W.2d 517. 25 See People v. Van Vorce, 240 Mich. 75, 78-79, 215 N.W. 5, 6 (1927); see, also, People v. Zabijak, supra; People v. McIntosh, 389 Mich. 82, 204 N.W.2d 135 26 People v. Johnson, 51 M......
  • People v. Eason, No. 82718
    • United States
    • Supreme Court of Michigan
    • July 5, 1990
    ...of the defendant to the introduction [at the trial] of proof thereunder sustained." 27 McDonald was followed in People v. Van Vorce, 240 Mich. 75, 78, 215 N.W. 5 Referring to Ancksornby, McDonald, and Van Vorce, the majority says that the "better construction" of those decisi......
  • People v. Hairston, Docket No. 10266
    • United States
    • Court of Appeal of Michigan (US)
    • November 22, 1971
    ...subpoenas[37 Mich.App. 74] issued, and use other means at hand to have the witnesses present at the trial. People v. Van Vorce (1927), 240 Mich. 75, 215 N.W. Also see, People v. Moore (1943), 306 Mich. 29, 10 N.W.2d 296; People v. Kern (1967), 6 Mich.App. 406, 149 N.W.2d 216. The Supreme Co......
  • People v. McIntosh, Docket No. 8515
    • United States
    • Court of Appeal of Michigan (US)
    • June 24, 1971
    ...pursuant to § 306 P.A.1964, No. 281. 1 U.S.Const., Am. VI. 2 Michigan Const.1963, art. 1, § 20. 3 See also People v. VanVorce (1927), 240 Mich. 75, 78, 216 N.W. 4 People v. Lewis (1970, 25 Mich.App. 132, 181 N.W.2d 79. 5 People v. Boyles, Supra. 6 Preston v. United States (1964), 376 U.S. 3......
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13 cases
  • People v. Pearson, Docket Nos. 57147
    • United States
    • Supreme Court of Michigan
    • January 8, 1979
    ...Cager. 23 People v. Schwartz, 62 Mich.App. 188, 193, 233 N.W.2d 517 (1975). 24 Id., p. 195, 233 N.W.2d 517. 25 See People v. Van Vorce, 240 Mich. 75, 78-79, 215 N.W. 5, 6 (1927); see, also, People v. Zabijak, supra; People v. McIntosh, 389 Mich. 82, 204 N.W.2d 135 26 People v. Johnson, 51 M......
  • People v. Eason, No. 82718
    • United States
    • Supreme Court of Michigan
    • July 5, 1990
    ...of the defendant to the introduction [at the trial] of proof thereunder sustained." 27 McDonald was followed in People v. Van Vorce, 240 Mich. 75, 78, 215 N.W. 5 Referring to Ancksornby, McDonald, and Van Vorce, the majority says that the "better construction" of those decisi......
  • People v. Hairston, Docket No. 10266
    • United States
    • Court of Appeal of Michigan (US)
    • November 22, 1971
    ...subpoenas[37 Mich.App. 74] issued, and use other means at hand to have the witnesses present at the trial. People v. Van Vorce (1927), 240 Mich. 75, 215 N.W. Also see, People v. Moore (1943), 306 Mich. 29, 10 N.W.2d 296; People v. Kern (1967), 6 Mich.App. 406, 149 N.W.2d 216. The Supreme Co......
  • People v. McIntosh, Docket No. 8515
    • United States
    • Court of Appeal of Michigan (US)
    • June 24, 1971
    ...pursuant to § 306 P.A.1964, No. 281. 1 U.S.Const., Am. VI. 2 Michigan Const.1963, art. 1, § 20. 3 See also People v. VanVorce (1927), 240 Mich. 75, 78, 216 N.W. 4 People v. Lewis (1970, 25 Mich.App. 132, 181 N.W.2d 79. 5 People v. Boyles, Supra. 6 Preston v. United States (1964), 376 U.S. 3......
  • Request a trial to view additional results

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