People v. Luby
Michigan Supreme Court
Error to Kalamazoo. (Mills, J.) Information for assault and battery. Respondent brings error.
1Opinion of the CourtCooley, C. J.
The respondent was convicted in the Recorder’s Court of Kalamazoo of a criminal assault and battery, on a trial by a jury of six. He demanded a jury of twelve.
Twelve is the constitutional number of jurors in this State. Hill v. People 16 Mich. 351. The Constitution makes an exception for courts not of record (Art. 6, § 28); but by the statute creating the Recorder’s Court of Kalamazoo, it is expressly declared to be a court of record. Local Acts 1883, [No. 337], pp. 677, 694. It does not therefore come within the exception.
The conviction must be quashed.
The other Justices concurred.
2Cases cited1 opinion
- Hill v. PeopleMichigan Supreme Court · 1868
3Cited by8 opinions
- Attorney General Ex Rel. O'Hara v. MontgomeryMichigan Supreme Court · 1936
- People v. WarrenMichigan Supreme Court · 1899
- People v. BettisteaMichigan Court of Appeals · 1988
- People v. RodriguezSupreme Court of Colorado · 2005
- Hill v. StateCourt of Criminal Appeals of Oklahoma · 1910
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