People v. Germaine
Michigan Supreme Court
Exceptions before judgment from Grand Traverse. (Corbett, J.) Respondent was convicted of an assault with intent to commit the crime of murder. Conviction set aside, and new trial ordered. The facts are stated in the opinion and in the foot-notes.
1Opinion of the CourtMcGrath, C. J.
Respondent was charged with an assault upon one Ramsdell, with intent to commit the crime of murder. Ramsdell did not see the first shot fired, and the evidence as to who fired that shot was purely circumstantial.1
The rule that the prosecution cannot properly claim a conviction upon evidence which expressly or by implication shows but a part of the res gestae or whole transaction, if it appears that the evidence of the rest of the *487transaction is attainable, and that all the witnesses present at the transaction should be called for the prosecution, unless it appears that the testimony of those…
2Cases cited16 opinions
- Maher v. PeopleMichigan Supreme Court · 1862
- Hurd v. PeopleMichigan Supreme Court · 1872
- Wellar v. PeopleMichigan Supreme Court · 1874
- People v. WolcottMichigan Supreme Court · 1883
- People v. SwetlandMichigan Supreme Court · 1889
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3Cited by12 opinions
- People v. DellabondaMichigan Supreme Court · 1933
- People v. RaiderMichigan Supreme Court · 1931
- Ross v. StateWyoming Supreme Court · 1899
- People v. WimberlyMichigan Supreme Court · 1970
- People v. AldridgeMichigan Court of Appeals · 1973
7 more not listed; retrieve them via the Exa API.