People v. Girardin
Michigan Supreme Court
The defendants wrere indicted in the District Court of the county of Wayne, for publishing an obscene paper. The indictment set forth, among other things, that the defendants “ unlawfully, wickedly and impiously did print and publish, and cause and procure to' be printed and published, a certain wicked, nasty, filthy, bawdy and obscene paper and libel, entitled City Argus; in which said paper and libel are contained, among other things, divers wicked, false, feigned,…
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The defendants wrere indicted in the District Court of the county of Wayne, for publishing an obscene paper. The indictment set forth, among other things, that the defendants “ unlawfully, wickedly and impiously did print and publish, and cause and procure to' be printed and published, a certain wicked, nasty, filthy, bawdy and obscene paper and libel, entitled City Argus; in which said paper and libel are contained, among other things, divers wicked, false, feigned, impious, impure, bawdy and obscene matters, language and descriptions, wherein and whereby are represented the most gross…
1Opinion of the Court
*91 By iho :ourt,
Whipple, J.
It is a general rule, founded in justice and gc:d srrre, that every indictment should contain a certain description cf the o/hnee, of which the defendant is accused. It is also said that the indiebrent should contain a statement of the facts -by which it is ccnc-tiíiri'jJj so as to identify the accusation. 1 Chit. Or. L. 169. This is generally deemed proper for various reasons, the principal one of which is, that the defendant may be protected from being questioned a second time on the same ground. But the principal facts and circumstances which constitute an offence,…
2Cited by19 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- United States v. BennettU.S. Circuit Court for the District of Southern New York · 1879
- State v. Van WyeSupreme Court of Missouri · 1896
- People v. CareyMichigan Supreme Court · 1922
- People v. KratzMichigan Supreme Court · 1925
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