Legal Opinion

People v. Burman

Michigan Supreme Court

Decided September 10, 1908No. Docket No. 119PublishedCited by 16 opinions

Error to Houghton; Streeter, J. Fahle Burman and others were convicted of violating an ordinance, and sentenced to pay a fine of $15 each.

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Error to Houghton; Streeter, J. Fahle Burman and others were convicted of violating an ordinance, and sentenced to pay a fine of $15 each. The following complaint was made against defendants: That on the 28th day of July, A. D. 190?, “Within the corporate limits of the city of Hancock, county of Houghton, and State of Michigan, in and on a certain street of said city, to wit, on Quincy street, one of the public thoroughfares and streets of the said city of Hancock, did then and there make, aid, abet, countenance, and assist in making a disturbance and improper diversion, to the annoyance and…

1Opinion of the CourtCarpenter, J.

(after stating the facts). When the trial commenced, the complaint had two counts. The second count is set forth in this opinion. The first count merely charged.that the defendants “ did then and there make, aid, abet, countenance, and assist in making a disturbance, to the annoyance and disturbance of citizens and travelers, contrary to, and in violation of, Ordinance No. 10.” Defendants’ counsel asked that the people be compelled to elect between these two counts. The trial court reserved his decision upon this motion until the conclusion of the case. He then compelled the people to elect,…

2Cases cited2 opinions

  1. In re FrazerMichigan Supreme Court · 1886
  2. People v. JohnsonMichigan Supreme Court · 1891

3Cited by16 opinions

  1. Delk v. CommonwealthCourt of Appeals of Kentucky · 1915
  2. State v. SpanglerWashington Supreme Court · 1916
  3. State v. BoeMontana Supreme Court · 1963
  4. Flores v. City and County of DenverSupreme Court of Colorado · 1950
  5. State v. ColeSupreme Court of North Carolina · 1959

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