Legal Opinion

People v. Cole

Michigan Supreme Court

Decided May 25, 1897PublishedCited by 12 opinions

Certiorari to St. Clair; Vance, J. Isaac Cole was convicted of bastardy. The respondent was convicted of bastardy upon complaint of one Stella Jordan. In her complaint she alleged that “he did beget her with child in the town of Ft. Gratiot, in the county of St. Clair, on or about the 19th day of August, A. D. 1895, at the home of the father of said Stella Jordan.”

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Certiorari to St. Clair; Vance, J. Isaac Cole was convicted of bastardy. The respondent was convicted of bastardy upon complaint of one Stella Jordan. In her complaint she alleged that “he did beget her with child in the town of Ft. Gratiot, in the county of St. Clair, on or about the 19th day of August, A. D. 1895, at the home of the father of said Stella Jordan.” At the examination before the justice, the respondent introduced testimony to show that he was not at the home of her father on the day in question. It does not appear that she was sworn on the examination, or that any effort was…

1Opinion of the CourtGrant, J.

(after stating the facts). 1. These proceedings are not criminal in their character. It was held in Sutfin v. People, 43 Mich. 37, that “they are partly for the benefit of the complainant, and may be instituted in her name, and partly for the purpose of indemnifying the public, and may be instituted in the name of the people.” In Hamilton v. People, 46 Mich. 186, three different dates were fixed, a month apart, and the complaint was held good. It was said in People v. Harty, 49 Mich. 490, that “ bastardy proceedings are not, in this State, criminal in any correct sense, and they do not…

2Cases cited5 opinions

  1. Campau v. NorthMichigan Supreme Court · 1878
  2. Hamilton v. PeopleMichigan Supreme Court · 1881
  3. Hull v. PeopleMichigan Supreme Court · 1879
  4. Sutfin v. PeopleMichigan Supreme Court · 1880
  5. People v. HartyMichigan Supreme Court · 1882

3Cited by12 opinions

  1. Green v. Terminal RailroadSupreme Court of Missouri · 1908
  2. Smith v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1908
  3. Booren v. McWilliamsNorth Dakota Supreme Court · 1914
  4. Houfek v. ShaferMichigan Court of Appeals · 1967
  5. Melynchenko v. ClayMichigan Court of Appeals · 1986

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