Legal Opinion

People v. Gardner

Michigan Supreme Court

Decided July 1, 1886PublishedCited by 26 opinions

Error to Eaton. (Hooker, J.) Information for embezzlement. Respondent was convicted. The facts are stated in the opinion.

1Opinion of the CourtChamplin, J.

The defendant was convicted of the crime -of embezzlement. A jury having been impaneled and -sworn, a witness was called on behalf of the people, and thereupon counsel for the prisoner objected to the introduction of any testimony, on the ground that the information .filed in the cause was sworn to before the law partner of the ¡prosecuting attorney. The court, to obviate any objection, ■directed the prosecuting attorney to verify the information fief ore the clerk of the court, which was done.

The court then directed the prisoner to be again arraigned upon the same information. This was…

2Cases cited3 opinions

  1. Joy v. StateIndiana Supreme Court · 1860
  2. Lambert v. PeopleMichigan Supreme Court · 1874
  3. State v. GarveySupreme Court of Connecticut · 1875

3Cited by26 opinions

  1. In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
  2. Adams v. StateSupreme Court of Alabama · 1912
  3. People v. IaconisMichigan Court of Appeals · 1971
  4. In re AscherMichigan Supreme Court · 1902
  5. Bryan v. StateSupreme Court of Florida · 1899

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