Legal Opinion

People v. Hodges

Michigan Supreme Court

Decided May 31, 1917No. Docket No. 159PublishedCited by 9 opinions

Error to Jackson; Parkinson, J. Charles Hodges was convicted of assault with intent to do great bodily harm less than the crime of murder, and sentenced to imprisonment for not less than five nor more than ten years in the State prison at Jackson. The information in this case charged respondent with an assault upon one Edward L. Merritt with intent to kill and murder said Merritt.

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Error to Jackson; Parkinson, J. Charles Hodges was convicted of assault with intent to do great bodily harm less than the crime of murder, and sentenced to imprisonment for not less than five nor more than ten years in the State prison at Jackson. The information in this case charged respondent with an assault upon one Edward L. Merritt with intent to kill and murder said Merritt. The facts out of which the prosecution grew were briefly as follows: In the afternoon of August 2, 1913, respondent had sold to one Green, a farmer, a team of horses. It appears that after the trade was complete…

1Opinion of the CourtBrooke, J.

(after stating the facts). The jury evidently disbelieved the claim of respondent that he pointed the revolver at Honsinger and snapped it twice with the purpose merely of intimidating Honsinger and under the belief that it was unloaded. Under the evidence in the case and the verdict found by the jury it cannot be doubted that, had Merritt died from the effect of the wound, respondent would have been guilty of murder. Maher v. People, 10 Mich. 212 (81 Am. Dec. 781); People v. Garbutt, 17 Mich. 9 (97 Am. Dec. 162); Roberts v. People, 19 Mich. 401; Wilson v. People, 24 Mich. 410; People v.…

2Cases cited10 opinions

  1. Maher v. PeopleMichigan Supreme Court · 1862
  2. People v. GarbuttMichigan Supreme Court · 1868
  3. Roberts v. PeopleMichigan Supreme Court · 1870
  4. People v. PotterMichigan Supreme Court · 1858
  5. People v. LilleyMichigan Supreme Court · 1880

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Gladden v. StateCourt of Appeals of Maryland · 1974
  2. People v. WoodsMichigan Supreme Court · 1983
  3. People v. MedleyMichigan Supreme Court · 1954
  4. Metropolitan Life Ins. Co. v. McDavidDistrict Court, E.D. Michigan · 1941
  5. People v. LovettMichigan Court of Appeals · 1979

4 more not listed; retrieve them via the Exa API.

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