Legal Opinion

People v. Schoenberg

Michigan Supreme Court

Decided April 1, 1910No. Docket No. 163PublishedCited by 12 opinions

Error to Muskegon; Sessions, J. Charles Schoenberg was convicted of keeping his saloon open on Sunday, and sentenced to imprisonment in the county j ail for 30 days and to pay a fine of $150. On August 23, 1909, an information was filed against respondent, wherein he was charged with keeping his saloon open on Sunday.

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Error to Muskegon; Sessions, J. Charles Schoenberg was convicted of keeping his saloon open on Sunday, and sentenced to imprisonment in the county j ail for 30 days and to pay a fine of $150. On August 23, 1909, an information was filed against respondent, wherein he was charged with keeping his saloon open on Sunday. Being arraigned on that day, he pleaded guilty, but, after a private consultation with the court, was permitted to withdraw that plea, and, standing mute, the court directed a plea of “not guilty” to be entered. On September 20, 1909, respondent was permitted to again plead…

1Opinion of the CourtBrooke, J.

(after stating the facts). But two assignments of error are urged by respondent:

“(1) The court erred in passing sentence and judgment on respondent, because the present liquor law, so called, of the State of Michigan, which took effect September 1, 1909, being Act No. 391, Pub. Acts 1909, repealed the law that was in force at the time that said offense was committed (Act No. 313, Pub: Acts 1887), as charged in said information, and that said Act No. 391 has no saving clause with reference to offenses committed before said act took effect.
“(3) That the court erred in pronouncing sentence and…

2Cases cited13 opinions

  1. Sage v. StateIndiana Supreme Court · 1891
  2. In re LambrechtMichigan Supreme Court · 1904
  3. Shannon v. PeopleMichigan Supreme Court · 1858
  4. Moore v. Township of KenockeeMichigan Supreme Court · 1889
  5. Merkle v. Township of BenningtonMichigan Supreme Court · 1888

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. People v. LowellMichigan Supreme Court · 1930
  2. Scholten v. RhoadesMichigan Court of Appeals · 1976
  3. People v. PegenauMichigan Supreme Court · 1994
  4. City of Detroit v. SanchezMichigan Court of Appeals · 1969
  5. People v. ThompsonMichigan Supreme Court · 1910

7 more not listed; retrieve them via the Exa API.

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