Stewart v. Calhoun Circuit Judge
Michigan Supreme Court
Mandamus by Louis E. Stewart, prosecuting attorney of Calhoun county, to compel Walter H. North, circuit judge of Calhoun county, to set aside an order quashing an information: On motion for rehearing on the issuance of the writ.
1Opinion of the CourtHooker, J.
This is a motion for rehearing in the case of Stewart v. Calhoun Circuit Judge, 156 Mich. 642 (121 N. W. 279). We held that the information filed in that case was a good information. It is now said that in so doing we have overruled the cases of People v. Haas, 79 Mich. 449 (44 N. W. 928); People v. Decarie, 80 Mich. 578. (45 N. W. 491), and People v. Telford, 56 Mich. 541 (23 N. W. 213). Had this defendant been charged with an act which a druggist might lawfully have done these cases would have some application. In the Case of Telford, an information based on a sale of liquor, accompanied by…
2Cases cited4 opinions
- People v. HaasMichigan Supreme Court · 1890
- People v. TelfordMichigan Supreme Court · 1885
- People v. DecarieMichigan Supreme Court · 1890
- Stewart v. Calhoun Circuit JudgeMichigan Supreme Court · 1909