People v. Brundage

This is an appeal on leave granted to the people of the State of Michigan from an order of the Court of Appeals which reversed appellee’s conviction in the circuit court. He had been charged with the operation of a lottery.

The first question we face is what is the right of appeal by the State in a criminal case from an adverse decision by the Court of Appeals?

There has been no legislative action dealing with the question since the creation of that Court. There is a statute defining the right of appeal by the people. It has been in force for many years and has been the subject of judicial…