People v. Hoffman
Michigan Supreme Court
Case reserved from the Monroe Circuit. The defendant was entitled to a jury without paying a fee. The provisions of the Constitution are : In every criminal prosecution the accused shall have the right of a trial by jury. (Const., Art. 6, § 28.) The very terms of the act clearly characterize the present as a criminal prosecution.
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Case reserved from the Monroe Circuit. The defendant was entitled to a jury without paying a fee. The provisions of the Constitution are : In every criminal prosecution the accused shall have the right of a trial by jury. (Const., Art. 6, § 28.) The very terms of the act clearly characterize the present as a criminal prosecution. (S. L. 1853, 103, § 4.) Section 5 of the same act provides that any forfeiture or penalty arising'tinder the above section may be recovered by an action of debt, prosecuted by the common council of any city or incorporated village, supervisor of any township, of by…
1Opinion of the Court
By the Court,
'Wing, J.
This case is an action of debt, commenced and tried before a Justice of the Peace, and was removed to the Circuit Court for the County of Monroe, where it was reserved by the Circuit Judge for the opinion of the Supreme Court, upon the question whether on the trial of the cause before the Justice, the defendant was entitled to have a jury on his demand for the same, without paying the Justice the lawful fees of the jurors ?
The action was brought to recover the forfeiture incurred by the defendant, for a violation of the provisions of the fourth section of an act entitled…
2Cited by7 opinions
- Mundy v. McDonaldMichigan Supreme Court · 1921
- United States v. ShapleighCourt of Appeals for the Eighth Circuit · 1893
- Conservation Department v. BrownMichigan Supreme Court · 1952
- Conneau v. GeisCalifornia Supreme Court · 1887
- State v. NortonNorth Dakota Supreme Court · 1934
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