Boody v. People
Michigan Supreme Court
Error to Eaton. Information for “grand larceny.” Respondent was convicted. Joinder of horse-stealing and simple larceny in one count is void unless horse-stealing is made larceny by law, State v. Nutting 16 Vt. 261; indictments for cattle-stealing cannot be maintained as for a common law larceny, State v. Ripley 2 Brev. 300; a sentence to longer imprisonment than is allowed by law must be reversed and the prisoner set at liberty, Elliott v. People 13 Mich. 365; Crippen v.…
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Error to Eaton. Information for “grand larceny.” Respondent was convicted. Joinder of horse-stealing and simple larceny in one count is void unless horse-stealing is made larceny by law, State v. Nutting 16 Vt. 261; indictments for cattle-stealing cannot be maintained as for a common law larceny, State v. Ripley 2 Brev. 300; a sentence to longer imprisonment than is allowed by law must be reversed and the prisoner set at liberty, Elliott v. People 13 Mich. 365; Crippen v. People 8 Mich. 117; O’Neil v. People 15 Mich. 275.’
1Opinion of the CourtCampbell, J.
Boody was informed against in the circuit court for the county of Eaton for stealing “one dark brown mare, seven years of age, of the value of seventy-five dollars, one single harness of the value of fifteen dollars, and one double-seated one-horse buggy of the value of thirty-five dollars.” When arraigned he pleaded guilty. The information and plea were both entitled as in a case of “grand.larceny.” The judgment recites that the respondent on his plea of guilty was duly convicted of the crime of grand larceny, and so does the commitment warrant to State prison. Upon this conviction the judge…
2Cases cited1 opinion
- Wilson v. PeopleMichigan Supreme Court · 1872
3Cited by6 opinions
- Harrison v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1890
- People v. KornMichigan Supreme Court · 1921
- People v. JonesMichigan Supreme Court · 1883
- People v. TownMichigan Supreme Court · 1884
- People v. SellerMichigan Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.