People v. Jackson
Michigan Supreme Court
On exceptions from the Recorder’s Court of the city of Detroit. The defendant was convicted in the Recorder’s Court, on an information charging him with obstructing a public alley in Detroit.
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On exceptions from the Recorder’s Court of the city of Detroit. The defendant was convicted in the Recorder’s Court, on an information charging him with obstructing a public alley in Detroit. From the testimony and plats produced on the trial, -it appeared that there was an alley twenty feet in width, in section eight of the Governor and Judges’ plan of said city, extending from State street to the centre of said section, and from thence at right angles to Rowland street, and that the locus of the alleged obstruction was an opening from the angle of this alley, twenty feet wide, in the rear…
1Opinion of the Court
Christiancy J.:
Is the obstruction of the alley in question a wrong of such a public nature as may be redressed by indictment, as a criminal offense at common law? This is a prelimiminary question, and must be disposed of before we can reach any of the questions raised by the bill of exceptions. This information simply takes the place of an indictment, and must stand or fall by the same rules.
To make an obstruction like this an indictable offense, it must injuriously affect some public right — some right in which the public, in their aggregate capacity, have a common interest, as distinguished…
2Cases cited1 opinion
- Holdane v. Trustees of Cold SpringNew York Supreme Court · 1856
3Cited by11 opinions
- Paul v. City of DetroitMichigan Supreme Court · 1875
- Advisory Opinion on Constitutionality of 1976 PA 295, 1976 PA 297Michigan Supreme Court · 1977
- Inhabitants of Deerfield v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887
- Swift v. Judges of the Circuit CourtMichigan Supreme Court · 1887
- Tillman v. PeopleMichigan Supreme Court · 1864
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