Legal Opinion

People v. Wilson

Michigan Supreme Court

Decided March 29, 1929No. Docket No. 153, Calendar No. 33,977PublishedCited by 2 opinions

1Opinion of the Court

Defendant was convicted of violation of the prohibition law. Thirty-three days after verdict he made a motion for a new trial. The statute, Act No. 175, Pub. Acts 1927, chap. 10, § 2, provides:

"Motions for new trials shall be made within 30 days after verdict, and not afterwards."

The time is jurisdictional, and the motion came too late.Nichols v. Houghton Circuit Judge, 185 Mich. 654 (Ann. Cas. 1917 D, 100). Moreover, a proper exercise of judicial discretion would not have justified a new trial on the showing made by defendant.

It is contended that one of the jurors, Mrs. Alexander Lee,…

2Cases cited2 opinions

  1. Nichols v. Houghton Circuit JudgeMichigan Supreme Court · 1915
  2. People v. AveryMichigan Supreme Court · 1928

3Cited by2 opinions

  1. People v. SmithMichigan Supreme Court · 1930
  2. People v. HurwichMichigan Supreme Court · 1932

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API