Legal Opinion

Gaffney v. Aldrich

Michigan Supreme Court

Decided April 15, 1891PublishedCited by 11 opinions

Mandamus.' Relator applied for mandamus to compel respondent to vacate an order quashing an information. The facts are stated in the opinion.

1Per curiam

The sole question in this ease is whether a discharge by a justice of the peace, upon the examination of a person charged with crime, constitutes a bar to his subsequent arrest, examination, and trial for the same offense, when the testimony upon the second examination is substantially the same as that produced upon the first.

We think the case is ruled by the principle enunciated in People v. Pline, 61 Mich. 247. No proceeding in a criminal case can operate as a bar to further prosecution until the accused has been put in jeopardy, and this cannot occur until he has been placed upon trial.…

2Cases cited1 opinion

  1. People v. PlineMichigan Supreme Court · 1886

3Cited by11 opinions

  1. People v. PankninMichigan Court of Appeals · 1966
  2. People v. MiklovichMichigan Supreme Court · 1965
  3. In re OxleyNevada Supreme Court · 1915
  4. People v. . DillonNew York Court of Appeals · 1910
  5. People v. TillardMichigan Supreme Court · 1947

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