Legal Opinion

People v. Tompkins

Michigan Supreme Court

Decided September 27, 1899PublishedCited by 7 opinions

Exceptions before judgment from Iosco; Simpson, J. George Tompkins was convicted of assaulting an officer. The following is a copy of the information: “State oe Michigan, ) The Circuit Court for the County > ss. of Iosco. ) “Iosco County — ss.

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Exceptions before judgment from Iosco; Simpson, J. George Tompkins was convicted of assaulting an officer. The following is a copy of the information: “State oe Michigan, ) The Circuit Court for the County > ss. of Iosco. ) “Iosco County — ss. “Albert E. Sharpe, prosecuting attorney for the county of Iosco aforesaid, for and in behalf of the people of'the State of Michigan, comes into said court in the August term thereof, A. D. 1898, and gives it here to understand and be informed that George Tompkins and James Hamilton, of the township of Oscoda, in the county of Iosco and State of…

1Opinion of the CourtHooker, J.

The defendant asks that the information in this cause be held insufficient, upon the ground that it fails to allege that he knew that the person assaulted was an officer, or that he knew that he was at the time in the discharge of his duty. It is contended that it states only that the assault was willfully and knowingly made. It seems to me that this is hypercritical, and, moreover, that it is not an accurate interpretation of the language. The law attempts to punish an assault upon an officer while in the discharge of his duty by a penalty more severe than that imposed for other assaults. It…

2Cited by7 opinions

  1. People v. LittleMichigan Supreme Court · 1990
  2. People v. VasquezMichigan Supreme Court · 2001
  3. People v. GleisnerMichigan Court of Appeals · 1982
  4. People v. HubbardMichigan Supreme Court · 1905
  5. People v. LittleMichigan Court of Appeals · 1989

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