People v. Steele
Michigan Supreme Court
Certiorari to Ionia. (Smith, J.) Kespondent was convicted in justice’s court of the crime of larceny, which conviction was affirmed in the circuit court on certiorari. Conviction reversed, and respondent ■discharged. The facts are stated in the opinion.
1Opinion of the CourtGrant, J.
The respondent was convicted in justice’s •court of the larceny of property of the value of $3. He waived a trial by jury, and demanded to be tried by the court without a jury. The court, • against his protest, ■ordered a jury. The sole question is whether respondent possessed the right, under our statutes, to choose the mode -of trial.
The statute provides that, if no jury be demanded by *438the accused, the court shall proceed to try the issue. How. Stat. § 7097. It also provides that, if “the accused shall not have waived his right to a trial by jury,” a jury shall be summoned. 3 How. 'Stat. §…
2Cases cited2 opinions
- Ward v. PeopleMichigan Supreme Court · 1874
- City of Grand Rapids v. BatemanMichigan Supreme Court · 1892
3Cited by10 opinions
- Attorney General Ex Rel. O'Hara v. MontgomeryMichigan Supreme Court · 1936
- People v. SpegalIllinois Supreme Court · 1955
- People v. KirbyMichigan Supreme Court · 1992
- People v. HendersonMichigan Supreme Court · 1929
- In re CoxMichigan Supreme Court · 1902
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