People v. Schweitzer
Michigan Supreme Court
Exceptions certified from the Recorder’s Court of the city of Detroit. The defendant was charged with the larceny from the Lake Shore & Michigan. Southern Kailway Company of three pairs of Arctic overshoes, seven pairs of boys’ boots, twenty-one shoe-brushes, one counter-brush, two pairs of gaiters and one box of hats.
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Exceptions certified from the Recorder’s Court of the city of Detroit. The defendant was charged with the larceny from the Lake Shore & Michigan. Southern Kailway Company of three pairs of Arctic overshoes, seven pairs of boys’ boots, twenty-one shoe-brushes, one counter-brush, two pairs of gaiters and one box of hats. On the trial, one John T. Stewart was called and sworn as a witness on behalf of the People, and testified in substance as follows: That he knew the defendant; that on or about the 14th of March (the time of the larceny alleged in the information), the defendant took him into a…
1Opinion of the CourtChristiancy, J.
We see no legal ground upon which the witness, Dumphy, could have been allowed to testify to the commission by the defendant of another and distinct larceny from that for which he was oh trial. The general rule is well settled that the prosecution are not allowed to prove the commission of another and distinct offense, though of the same kind with that charged, for the purpose of rendering it more probable in the minds of the jury that he committed the offense for which he is on trial; and this would be the natural and inevitable, effect upon the minds- of the jury, of the admission of such…
2Cases cited1 opinion
- People v. JennesMichigan Supreme Court · 1858
3Cited by44 opinions
- State v. LyleSupreme Court of South Carolina · 1923
- People v. CrawfordMichigan Supreme Court · 1998
- People v. GolochowiczMichigan Supreme Court · 1982
- People v. McCreaMichigan Supreme Court · 1942
- People v. WilkinsMichigan Court of Appeals · 1978
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