People v. Dolan
Michigan Supreme Court
Exceptions before sentence from Washtenaw. (Joslyn, J.) Complaint for violation of statute requiring saloons to be closed on election days. Respondent was convicted. Where a jury was sworn anew after a peremptory challenge had been allowed and before there had been any presentation of the case, or witnesses sworn, or evidence taken, defendant was not put in jeopardy at the time the first oath was administered to the jury: Stone v. State 2 Scam. 326 ; MoFadden v. Gom. 23 Pa.
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Exceptions before sentence from Washtenaw. (Joslyn, J.) Complaint for violation of statute requiring saloons to be closed on election days. Respondent was convicted. Where a jury was sworn anew after a peremptory challenge had been allowed and before there had been any presentation of the case, or witnesses sworn, or evidence taken, defendant was not put in jeopardy at the time the first oath was administered to the jury: Stone v. State 2 Scam. 326 ; MoFadden v. Gom. 23 Pa. St; Rex v. Perkims Iiolt 403; Rex v. Kell 1 Crawf. & Dix 151; as to the discretion of the court about discharging the…
1Opinion of the CourtSheijwood, J.
The respondent in this case was convicted in the Washtenaw circuit court of a violation of the statute relating to closing saloons on election days. Act 259, Pub. Acts 1881.
The consideration of the first exception taken by defendant is alone sufficient to dispose of tljjg case, and it will be unnecessary to consider any of the other exceptions, although we think several are well taken.
After the jury was impaneled the prosecuting attorney was absent from the court-room ,a few moments, and during such absence the jury was duly sworn by the court to try the cause. Immediately thereafter the…
2Cited by6 opinions
- People v. HardingMichigan Supreme Court · 1884
- People v. SchmitzCalifornia Court of Appeal · 1908
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Gillespie v. StateIndiana Supreme Court · 1907
- Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
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