Legal Opinion

People v. Brown

Michigan Supreme Court

Decided July 8, 1896PublishedCited by 5 opinions

Exceptions before judgment from Berrien; Coolidge, J. Clyde M. Brown was convicted of uttering forged paper. The respondent was convicted of uttering a forged check, and in the complaint made before the justice of the peace the check was described as follows': “No. 16. Benton Harbor, Mich., Oct. 28, 1895. “Farmers’ and Merchants’ Bank. $12.50 “Pay to George W. Baker or order twelve and fifty — dollars. “Solon Cutler.”

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Exceptions before judgment from Berrien; Coolidge, J. Clyde M. Brown was convicted of uttering forged paper. The respondent was convicted of uttering a forged check, and in the complaint made before the justice of the peace the check was described as follows': “No. 16. Benton Harbor, Mich., Oct. 28, 1895. “Farmers’ and Merchants’ Bank. $12.50 “Pay to George W. Baker or order twelve and fifty — dollars. “Solon Cutler.” In the information filed in the circuit court the order stated the name to be “G. W. Baker.” When it was produced upon the trial it read “ G. M. Baker.” Counsel for the…

1Opinion of the CourtGrant, J.

(after stating the facts). 1. The court committed no error. The amendment was justified by section 953?, 2 How. Stat. We can conceive of no more appropriate application of this statute than to the case before us. It is impossible that the respondent should have been prejudiced by the amendment. The statute expressly provides for an amendment “in the name or description of any person or body * * * alleged to have been injured by the commission of the offense, or the Christian or surname of any person, * * * and in all cases whenever the variance between the facts alleged in the indictment and…

2Cases cited2 opinions

  1. People v. HamiltonMichigan Supreme Court · 1889
  2. People v. PriceMichigan Supreme Court · 1889

3Cited by5 opinions

  1. State v. MullenSupreme Court of Iowa · 1911
  2. St. Mary's Power Co. v. Chandler-Dunbar Water-Power Co.Michigan Supreme Court · 1903
  3. People v. MeyerMichigan Supreme Court · 1918
  4. Welty v. WardIndiana Supreme Court · 1905
  5. People v. MooreMichigan Supreme Court · 1908

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