Legal Opinion

People v. Lyons

Michigan Supreme Court

Decided October 4, 1882PublishedCited by 19 opinions

Error to "Washtenaw. Information for larceny. Respondent brings error. The information was for the larceny of a gold watch, and chain from the person of a Mrs. Herrick Cornwell ■on the fair ground .at Ann Arbor. The watch was at once forwarded to Detroit in a package addressed to Mrs. Sarah Smith, and was delivered next day by the express company to the 'chief of police. It was meantime called for by Mrs. Sarah Brew, who presented the receipt for it.

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Error to "Washtenaw. Information for larceny. Respondent brings error. The information was for the larceny of a gold watch, and chain from the person of a Mrs. Herrick Cornwell ■on the fair ground .at Ann Arbor. The watch was at once forwarded to Detroit in a package addressed to Mrs. Sarah Smith, and was delivered next day by the express company to the 'chief of police. It was meantime called for by Mrs. Sarah Brew, who presented the receipt for it. A few days later the police department returned the watch, formally searched for it and retook possession, and two policemen took it to…

1Opinion of the CourtMarston, J.

The respondent was prosecuted for the-larceny of a watch, and on trial was convicted. The case comes here on writ of error after judgment.

*81The statements made by Mrs. Brew when the respondent was not present, should, not have been admitted as evidence in behalf of the prosecution. The general rule rejecting such evidence is not questioned, and this case does not come within any recognized exception.

Counsel should have been permitted to examine the book which Mrs. Lewis used when on the stand for the purpose of fixing dates and to refresh her recollection from entries therein made by her. The…

2Cases cited1 opinion

  1. Sheahan v. BarryMichigan Supreme Court · 1873

3Cited by19 opinions

  1. People v. HareMichigan Supreme Court · 1885
  2. Labarge v. Pere Marquette RailroadMichigan Supreme Court · 1903
  3. Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
  4. People v. GastroMichigan Supreme Court · 1889
  5. Spalding v. LoweMichigan Supreme Court · 1885

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