Legal Opinion

People v. Clark

Michigan Supreme Court

Decided June 3, 1862PublishedCited by 24 opinions

On Exceptions from the Recorder’s Court of Detroit, where defendant was convicted on an information of which the following is a copy: “State of Michigan, County of Wayne: January Term, A. D. 1862; Recorder's Court of the City of Detroit.

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On Exceptions from the Recorder’s Court of Detroit, where defendant was convicted on an information of which the following is a copy: “State of Michigan, County of Wayne: January Term, A. D. 1862; Recorder's Court of the City of Detroit. In the name of the People of the State of Michigan, I,- David E. Harbaugh, Prosecuting Attorney in and for said county of Wayne, who prosecute for and on behalf of the People of said State in said Court, come now here and give the Court to understand and be informed, that one Charles Clark, and a certain other person to the Prosecuting Attorney, aforesaid,…

1Opinion of the Court

Campbell J.:

The defendant was charged with having conspired with a person unknown, “ by divers false pretences, subtle means and devices, to obtain and acquire to themselves, of and from one John M. Whelpley, a sum of money, to wit, the sum of ten dollars, of the moneys of said John M. Whelpley, and to cheat and defraud him, the said John M. Whelpley, thereof.”

It is claimed that this information is defective in not setting forth any conspiracy within the requirements of law. The principal argument was that, unless the means to be resorted to were set out, the charge is not of any crime,…

2Cited by24 opinions

  1. Lanasa v. StateCourt of Appeals of Maryland · 1909
  2. State v. ErwinUtah Supreme Court · 1941
  3. People v. TenerowiczMichigan Supreme Court · 1934
  4. Michigan National Bank v. MarstonMichigan Court of Appeals · 1970
  5. People v. ArnoldMichigan Supreme Court · 1881

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