People v. Bearss

After reversing defendant’s conviction for obtaining money by false pretenses, 1 the Court of Appeals remanded this case to the trial court with instructions to enter judgment on a cognate offense. We granted leave to consider the constitutionality of this remedy. After deliberation, we find that the appellate court’s directed verdict violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution. US Const, Am XTV.

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Defendant Heather Anne Bearss and her friend, Tiffany Ruppert, visited Glen’s Market and Horizon Video in the Petoskey area. The two women selected a…