Legal Opinion
People v. Smith
Michigan Supreme Court
Decided March 30, 1922No. Docket No. 174PublishedCited by 9 opinions
Exceptions before judgment from Cass; Des Voignes (L. Burget), J. Clark Smith was convicted of an assault with intent to do great bodily harm less than the crime of murder.
1Opinion of the CourtSharpe, J.
A preliminary question is presented. The record shows that after conviction—
“Defendant was released on bond pending motion for new trial and hearing by the. Supreme Court.”
A motion for a new trial was. made and denied. A writ of error was then taken out and is returned with the bill of exceptions settled and signed by the trial court. This writ serves no purpose when there is no judgment to affirm or reverse. The case might well be dismissed under the authority of People v. Macomber, 182 Mich. 59, and cases cited. But, aside from the return being in obedience to the command in the writ of…
2Cases cited4 opinions
- People v. SutherlandMichigan Supreme Court · 1895
- People v. TroyMichigan Supreme Court · 1893
- People v. RossMichigan Supreme Court · 1887
- People v. MacomberMichigan Supreme Court · 1914
3Cited by9 opinions
- People v. BrownMichigan Court of Appeals · 2005
- People v BaileyMichigan Supreme Court · 1996
- People v. DillardMichigan Court of Appeals · 2013
- People v. MitchellMichigan Court of Appeals · 1986
- People v. PenaMichigan Court of Appeals · 1997
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