Legal Opinion

People v. Burns

Michigan Supreme Court

Decided May 21, 1858PublishedCited by 38 opinions

Case reserved from the Sagmaw Circuit. An indictment against defendant was found in the Court below, for perjury alleged to have been committed June 29th, 1857, at the townshij) of Hampton. To this indictment the defendant filed a plea m abatement, that “the said supposed offense, if any such was committed, was committed within the jurisdiction of Bay county, and not within the jurisdiction of this Court” — upon wMch plea issue was taken.

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Case reserved from the Sagmaw Circuit. An indictment against defendant was found in the Court below, for perjury alleged to have been committed June 29th, 1857, at the townshij) of Hampton. To this indictment the defendant filed a plea m abatement, that “the said supposed offense, if any such was committed, was committed within the jurisdiction of Bay county, and not within the jurisdiction of this Court” — upon wMch plea issue was taken. This issue came on to be tried in the Court below on the 6th day of January, 1858, when the following facts appeared, and were agreed upon as true: The…

1Opinion of the Court

Manning J.:.

The only question in this case is one of- construction to be given to the statute — S. L. of 1857, No. 171. Was it the intention of the Legislature to submit the question of the organization of the new county to the electors of the territory of which it was to be formed, or to all of the electors of the several counties from which the territory was to be taken to form it ? The Act is inartifieially drawn, and obscure in some of its parts; and it is out of this obscurity the question before us arises.

By the. first section, it is enacted “ That the following described territory…

2Cited by38 opinions

  1. City of Grand Rapids v. CrockerMichigan Supreme Court · 1922
  2. Platt v. Union Pacific RailroadSupreme Court of the United States · 1879
  3. Melia v. Employment Security CommissionMichigan Supreme Court · 1956
  4. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  5. Dussia v. MONROE CTY. EMP. RET. SYS.Michigan Supreme Court · 1971

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