Delany v. People
Michigan Supreme Court
Error to the Recorder’s Court of Detroit, where plaintiff in error was convicted upon an information of which the following is a copy: “ State ok Michigan, County ok Wayne, City ok Detroit, “The Recorder’s Court in and for the city of Detroit: in said Court, of the November term thereof, in the year of our Lord one thousand eight hundred and sixty-one.
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Error to the Recorder’s Court of Detroit, where plaintiff in error was convicted upon an information of which the following is a copy: “ State ok Michigan, County ok Wayne, City ok Detroit, “The Recorder’s Court in and for the city of Detroit: in said Court, of the November term thereof, in the year of our Lord one thousand eight hundred and sixty-one. “In' the name of the People of the State of Michigan, I, David E. Ilarbaugh, Prosecuting Attorney in and for said county of Wayne, who prosecutes for and on behalf of the People of said State, in said Court, come now here in said Court, and…
1Opinion of the Court
Christiancy J.:
Does the information charge any offense for which the defendants can be legally convicted? It is clear it charges no offense at common law, as it is not charged to have been openly, publicly or notoriously committed: — 1 Bish. Cr. Law, § 379; 1 Bl. Com. 64; Whart. Cr. Law, § 2396; State v. Evans. 5 Ired. 603 ; Commonwealth v. Catlin, 1 Mass. 8.
It can not therefore be maintained iinless it charge an offense within the statute. The charge is that “ Thomas Delany, on the first day of May, in the year one thousand eight hundred and sixty-one, and from that day to the twentieth day…
2Cases cited3 opinions
- People v. OlcottNew York Supreme Court · 1801
- Commonwealth v. CatlinMassachusetts Supreme Judicial Court · 1804
- State v. ByronSupreme Court of Missouri · 1854
3Cited by17 opinions
- State v. JarvisOregon Supreme Court · 1891
- People v. FryeMichigan Supreme Court · 1929
- Baumer v. StateIndiana Supreme Court · 1875
- Koa Gora v. Territory of HawaiiCourt of Appeals for the Ninth Circuit · 1946
- State v. LawrenceNebraska Supreme Court · 1886
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