Thomas v. Montcalm Circuit Judge
| Decision Date | 24 July 1924 |
| Docket Number | No. 252.,252. |
| Citation | 199 N.W. 610,228 Mich. 44 |
| Parties | THOMAS v. MONTCALM CIRCUIT JUDGE. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Suit for mandamus by Frank Thomas against Royal A. Hawley, Circuit Judge of Montcalm County. On order to show cause. Writ denied.
Argued before CLARK, C. J., and McDONALD, BIRD, SHARPE, MOORE, STEERE, FELLOWS, and WIEST, JJ.,Charles H. Goggin, of Alma (George P. Stone, of Ithaca, of counsel), for relator.
Frank A. Miller, of Stanton, for respondent.
On October 9, 1923, complaint was lodged with a justice of the peace of Montcalm county charging the present plaintiff with the larceny of four bushels of rye of the value of $4, the property of the Pere Marquette Railway Company. The following day plaintiff was arrested, arraigned before the justice, pleaded guilty, was find $25 and costs, with the alternative of 60 days in the county jail. He then paid the fine and costs. On October 19 he perfected an appeal to the circuit court for Montcalm county. The prosecuting attorney moved to dismiss the appeal because the judgment of conviction has been satisfied, and plaintiff moved to be permitted to withdraw his plea and plead not guilty, accompanying his motion with a showing that he had been unduly and fraudulently induced to plead guilty by the detective of the railway company. The trial judge upon the authority of the former holdings of this court denied plaintiff's motion and dismissed his appeal. This proceeding in mandamus seeks the vacation of such orders.
Plaintiff's counsel is correct in his contention that one convicted upon his plea of guilty in justice court may appeal and in the circuit court withdraw his plea of guilty and enter one of not guilty, and that this is a matter of right. People v. Richmond, 57 Mich. 399, 24 N. W. 124. But the question here presented is whether, after the judgment of conviction is satisfied by the voluntary payment of the fine, such right is still preserved. In numerous decisions of this court it has been held that, where the fine has been fully paid and the judgment of conviction thereby discharged by the defendant's own act, the case becomes a moot one, and no relief can be granted on appeal: People v. Leavitt, 41 Mich. 470, 2 N. W. 812;Powell v. People, 47 Mich. 108, 10 N. W. 129;Ishpeming v. Maroney, 49 Mich. 226, 13 N. W. 527;Ideal Furnace Co. v. International Molders' Union, 204 Mich. 311, 169 N. W. 946;People v. Ortwski, 220 Mich. 462, 190 N. W. 239;People v. Melovicz, 221...
To continue reading
Request your trial
-
People v. Mallory
...Circuit Co. v. Charles Klein Co., 177 Mich. 399, 140 N.W. 484; Howe v. Doyle, 187 Mich. 655, 154 N.W. 62; Thomas v. Montclaim Circuit Judge, 228 Mich. 44, 199 N.W. 610; Sullivan v. Michigan State Board of Dentistry, 268 Mich. 427, 256 N.W. 471; Horowitz v. Rott, 235 Mich. 369, 209 N.W. 131;......
-
State v. Morris
...v. Pyrros, 323 Mich. 329, 35 N.W.2d 281 (1948); Stucki v. Oklahoma City, 31 Okl.Cr. 155, 236 P. 900 (1925); Thomas v. Montcalm Circuit Judge, 228 Mich. 44, 199 N.W. 610 (1924); Kitchens v. State, 4 Ga.App. 440, 61 S.E. 736 (1908). However, a growing number of courts permit review after sati......
-
Dickerson v. Commonwealth
...112 S. W. 851; State v. Punderburk, 130 S. E. 352, 126 S. E. 140; People v. Richmond, 57 Mich. 399, 24 N. W. 124; Thomas v. Montcalm Circuit Judge, 228 Mich. 44, 199 N. W. 610; Yager v. State, 190 Ind. 550, 131 N. E. 42; Weaver v. Kimball, Judge, 59 Utah, 72, 202 P. 9. The rule laid down in......
-
Dickerson, Etc. v. Commonwealth
...Ky. 710, 112 S.W. 851; State Funderburk, 130 S.C. 352, 126 S.E. 140; People Richmond, 57 Mich. 399, 24 N.W. 124; Thomas Montcalm Circuit Judge, 228 Mich. 44, 199 N.W. 610; Yager State, 190 Ind. 550, 131 N.E. 42; Weaver Kimball, Judge, 59 Utah 72, 202 Pac. 9. The rule laid down in Cooper Tow......