Legal Opinion · Concurrence

People v. Covington

Michigan Court of Appeals

Decided February 7, 1984No. Docket 63206Published

1ConcurrenceR. M. Maher, J.

I am writing separately to clarify my position in People v Mast (On Rehearing), 128 Mich App 613; 341 NW2d 117 (1983). In Mast, I held that, although the defendant had failed to object to the information until his appeal, his conviction should nevertheless have been reversed. I believe the opposite result is warranted in the present case for the following reasons.

A defendant has the right "to be informed of the nature of the accusation”. Const 1963, art 1, § 20; People v Ora Jones, 395 Mich 379, 388; 236 NW2d 461 (1975). The information must, "with a fair degree of certainty”, specify the…

2Cases cited25 opinions

  1. Durland v. United StatesSupreme Court of the United States · 1896
  2. People v. Ora JonesMichigan Supreme Court · 1975
  3. People v. CalvinMichigan Supreme Court · 1886
  4. People v. FreedlandMichigan Supreme Court · 1944
  5. People v. MakiMichigan Supreme Court · 1929

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