People v. Westbrook
| Decision Date | 17 February 1893 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. WESTBROOK. |
Error to circuit court, Saginaw county.
Frank B. Westbrook, having been convicted of indecent assault, brings error. Reversed.
W. C. Gallagher, for appellant.
A. A. Ellis, Atty. Gen., W. R. Kendrick, Pros. Atty., and Albert Trask, Asst. Pros. Atty., for the People.
Defendant was convicted of an indecent assault upon the person of his daughter, a girl of nine years of age. The warrant was based upon a written complaint made by defendant's wife, who was also allowed to testify against him at the trial, upon the part of the people, without his consent. The case falls within the principles laid down in the case of People v. Quanstrom, (Mich.) 53 N.W. 165, where a complaint for bigamy made by a wife against her husband was held insufficient. The case will be reversed, and the defendant discharged. The other justices concurred.
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People v. Westbrook
...94 Mich. 62954 N.W. 486PEOPLEv.WESTBROOK.Supreme Court of Michigan.Feb. 17, Error to circuit court, Saginaw county. Frank B. Westbrook, having been convicted of indecent assault, brings error. Reversed. [54 N.W. 486] W. C. Gallagher, for appellant. A. A. Ellis, Atty. Gen., W. R. Kendrick, P......