Foster v. People
Michigan Supreme Court
Error to Macomb Circuit. The defendant, in the court below, was tried and convicted upon an information charging him with larceny of a horse. The errors assigned, and the facts bearing upon them, are stated in the opinion. 1. Defendant, in. court below, was tried in Macomb Circuit, for larceny of a horse.
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Error to Macomb Circuit. The defendant, in the court below, was tried and convicted upon an information charging him with larceny of a horse. The errors assigned, and the facts bearing upon them, are stated in the opinion. 1. Defendant, in. court below, was tried in Macomb Circuit, for larceny of a horse. The Prosecuting Attorney having elected to try Foster separately, put the other prisoner, McCoy, upon the stand, and elicited from him a statement which tended to show the guilt of Foster, and proved conclusively his own guilt. We were, therefore, entitled to the widest latitude in…
1Opinion of the CourtCampbell, J.
The respondent was informed against jointly with one William McCoy, in the Circuit Court for the county of Macomb, for the larceny of a horse, and some other articles. Foster was tried separately, and the other defendant, McCoy, was used by the People, as a witness against him.
McCoy proved facts tending to show the guilt of Foster, and showing also his own guilt, in receiving the horse in Detroit, and taking him to Toledo, where the witness was arrested with the stolen property. Upon cross-examination, he admitted that he had made an affidavit for continuance, in which he swore that, as he…
2Cases cited4 opinions
- Southard v. RexfordNew York Supreme Court · 1826
- Town of Norfolk v. GaylordSupreme Court of Connecticut · 1859
- Carne v. LitchfieldMichigan Supreme Court · 1852
- Chamberlain v. Willson & PrescottSupreme Court of Vermont · 1840
3Cited by30 opinions
- Rogers v. United StatesSupreme Court of the United States · 1951
- United States v. St. PierreCourt of Appeals for the Second Circuit · 1942
- Ex parte SeniorSupreme Court of Florida · 1896
- People v. DenuylMichigan Supreme Court · 1947
- Steinbrecher v. WapnickNew York Court of Appeals · 1969
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