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Legal Opinion

People v. Henry

Michigan Supreme Court

Decided December 10, 1901PublishedCited by 9 opinions

Exceptions before judgment from St. Clair; Thomas, J. Joseph Henry was convicted of statutory burglary. Defendant was convicted of breaking and entering a saloon in the night-time (January 31, 1901), with intent to commit the crime of larceny, not being armed with a dangerous weapon. The breaking was admitted. The defense was that, he was too intoxicated to entertain the intent.

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Exceptions before judgment from St. Clair; Thomas, J. Joseph Henry was convicted of statutory burglary. Defendant was convicted of breaking and entering a saloon in the night-time (January 31, 1901), with intent to commit the crime of larceny, not being armed with a dangerous weapon. The breaking was admitted. The defense was that, he was too intoxicated to entertain the intent. The court admitted in evidence the record of two former convictions for larceny, — one in September, 1898, and the other in January, 1899, — for the purpose of showing the intent with which respondent broke and…

1Opinion of the CourtGrant, J.

(after stating the facts). This evidence was incompetent. There was no connection whatever between the two former crimes and the one for which the respondent was on trial. There was nothing to. show that the larcenies for which he was then convicted were committed under circumstances similar to those in this case. Besides, the former crimes were not near in time to that of the crime here charged. This case is not within the rule of People v. Seaman, 107 Mich. 348 (65 N. W. 203, 61 Am. St. Rep. 326). In that case proof of other acts of abortion in the same place by the respondent was held…

2Cases cited12 opinions

  1. People v. SeamanMichigan Supreme Court · 1895
  2. Lightfoot v. PeopleMichigan Supreme Court · 1868
  3. People v. HensslerMichigan Supreme Court · 1882
  4. People v. LonsdaleMichigan Supreme Court · 1899
  5. Copperman v. . People of the State of N.Y.New York Court of Appeals · 1874

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. MinneyMichigan Supreme Court · 1909
  2. People v. Ernest SmithMichigan Court of Appeals · 1978
  3. People v. PeckMichigan Supreme Court · 1905
  4. People v. BurkeMichigan Supreme Court · 1909
  5. People v. PetropoulaposMichigan Supreme Court · 1921

4 more not listed; retrieve them via the Exa API.

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