People v. O'Brien
Michigan Supreme Court
Exceptions before judgment from Allegan. (Arnold, J.) Malicious trespass. Respondent was convicted. The statute contemplates that the trespass complained of should be malicious : 1 Bishop Crim.
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Exceptions before judgment from Allegan. (Arnold, J.) Malicious trespass. Respondent was convicted. The statute contemplates that the trespass complained of should be malicious : 1 Bishop Crim. Law, §§ 568, 569, 570; 2 lb. §§ 983-84-85, 6th ed.; Dawson v. State, 52 Ind. 478; Duncan v. State, 49 Miss. 331; Hobson v. State, 44 Ala. 380; State v. Newby, 64 N. C. 23; Thompson v. State, 51 Miss. 353, and the legal written accusation against one charged with the offense ' must be wider than the letter of the statute in order to cover its real intention: Enders v. People, 20 Mich. 233 ; Merwin v.…
1Opinion of the CourtMorse, J.
The respondent was convicted upon a complaint and warrant, before a justice of the peace, charging him with having, “ with force and arms, unlawfully, willfully, and secretly, in the night-time, between sunsetting and sunrising, entered upon the improved farming land of Levi Loomis and Charles H. Loomis,” situate in the township of Ganges, in the county of Allegan, “ and then and there, without the permission of the said Levi Loomis and Charles TT Loomis, or either of them, the owners of said land, and with intent then and there to cut and destroy the grain of said Levi Loomis and Charles H.…
2Cases cited2 opinions
- People v. JennesMichigan Supreme Court · 1858
- People v. GibsonMichigan Supreme Court · 1885
3Cited by6 opinions
- Aanenson v. BastienNorth Dakota Supreme Court · 1989
- Wilson v. BowenMichigan Supreme Court · 1887
- People v. SwindlehurstMichigan Court of Appeals · 1982
- People v. OckaskiMichigan Supreme Court · 1926
- People v. O'BrienMichigan Supreme Court · 1888
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