Legal Opinion

People v. Buck

Michigan Supreme Court

Decided June 30, 1896PublishedCited by 6 opinions

Error to Ingham; Person, J. Jessie Buck was convicted, under the disorderly act, of being a common prostitute, and sentenced to imprisonment in the Detroit House of Correction for two years.

1Opinion of the CourtMontgomery, J.

Respondent was convicted of being a disorderly person, to wit, a common prostitute, and was sentenced to the Detroit House of Correction for two years. The information contained the following language: “Said offense being, and is hereby charged as, a third offense.” There was no description of the pre*688vious alleged offenses, nor was it averred that there had been any previous convictions.

It is clear that, under the statute (section 1997al, 3 How. Stat.), it is not only necessary to charge the offense as a second or third offense, as the case may be, but it is also essential to charge that…

2Cases cited3 opinions

  1. Commonwealth v. HarringtonMassachusetts Supreme Judicial Court · 1880
  2. State v. WentworthSupreme Judicial Court of Maine · 1875
  3. State v. GorhamSupreme Judicial Court of Maine · 1876

3Cited by6 opinions

  1. People v. McDonaldMichigan Supreme Court · 1925
  2. People v. ButlerMichigan Supreme Court · 1899
  3. Nail v. StateSupreme Court of Arkansas · 1955
  4. People v. BoothMichigan Supreme Court · 1899
  5. People v. EasonMichigan Supreme Court · 1990

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