People v. Smith
Michigan Supreme Court
Error to Muskegon; Russell, J. James W. Smith was convicted of an assault with intent to do great bodily harm less than the crime of murder, and sentenced to imprisonment in the state prison at Jackson for 10 years. The respondent was convicted of assault upon one Ate Goudberg with intent to do great bodily harm, less than the crime of murder. The information also contained a count charging assault with intent to murder.
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Error to Muskegon; Russell, J. James W. Smith was convicted of an assault with intent to do great bodily harm less than the crime of murder, and sentenced to imprisonment in the state prison at Jackson for 10 years. The respondent was convicted of assault upon one Ate Goudberg with intent to do great bodily harm, less than the crime of murder. The information also contained a count charging assault with intent to murder. The evidence on the part of the people tended to show that Mr. Goudberg kept a feed store in the city of Muskegon, living in an adjoining house. After he had closed his store…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The first contention of the respondent is that there was no evidence of any intent to commit the crime for which he was convicted, and that the court should have directed a verdict of not guilty of either intent to murder or intent to do great bodily harm. The difficulty with this defense is that no such contention was made at the trial, and it evidently did not then occur to the learned counsel for the respondent that the question was one of law for the court, and not of fact for the jury, for he made no request to the court to direct a verdict. This objection,…
2Cited by7 opinions
- State v. GarciaNew Mexico Supreme Court · 1914
- State v. MainSupreme Court of Connecticut · 1897
- People v. RichMichigan Supreme Court · 1927
- People v. PrinzMichigan Supreme Court · 1907
- People v. BrottMichigan Supreme Court · 1910
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