People v. Weeks

• Decision Date: 12 February 1894
• Citation: 99 Mich. 86,57 N.W. 1091
• Court: Michigan Supreme Court
• Parties: PEOPLE v. WEEKS.

57 N.W. 1091

99 Mich. 86

PEOPLE v. WEEKS.

Supreme Court of Michigan

February 12, 1894

Error to circuit court, Kalamazoo county; George M. Buck, Judge.

Ward Weeks was convicted of being a disorderly person, and appeals. Affirmed.

Jesse R. Cropsey, for appellant.

A. A Ellis, Atty. Gen., and Alfred S. Frost, Pros. Atty., for the People.

GRANT J.

Three objections are raised to the conviction in this case:

1. The case was adjourned by the justice from December 30th to January 6th, and from January 6th to January 10th, against the objection of the defendant. These adjournments were had by reason of the inability of the prosecuting attorney to attend at those dates, which fact was communicated by the prosecuting attorney to the justice by letter and by telephone. The adjournments were proper, and did not operate to the prejudice of the defendant, as he was out on bail. People v. Shufelt, 61 Mich. 237, 28 N.W. 79.

2. The defendant, who was charged with being a disorderly person was tried by the justice without a jury. The justice returned to the writ of certiorari that trial by jury was waived by the defendant. The waiver appears to be based upon the following facts: The court asked the defendant if he wanted a jury, to which he replied, through his attorney, that the court could do as it chose about the jury as he should put in no defense. The justice then asked the prosecuting attorney if the people desired a jury, to which he replied that they did not. We think this amounted to a waiver, and authorized a trial by the court. People v. Steele, 94 Mich. 437 54 N.W. 171.

3. It is claimed that the sentence was excessive. The conviction was had under Act No. 264, Pub. Acts 1889. Section 2 provides different punishments for first, second, and subsequent offenses; the punishment for the first offense being a fine not exceeding $50 and the cost of prosecution, or imprisonment not exceeding 30 days, or a recognizance for good behavior for three months. Section 3 provides that, if the defendant is required to give security for good behavior the justice may require and order that the cost of prosecution, or any part thereof, shall be paid by the defendant, and in default of such payment he may be committed to the county jail until such costs are paid or he is otherwise legally discharged, but such imprisonment shall not exceed 90 days. The defendant was required, under this section, to enter into...