Legal Opinion

Pullen v. People

Michigan Supreme Court

Decided January 15, 1843PublishedCited by 5 opinions

In error on certiorari from three justices of the peace For the county of Wajme, composing a court of special sessions. The return to the certiorari shows that on complaint made pursuant to the statute, (S. L. 1840, p. 6G, ’7.) charging Lj'dia Pullen, the plaintiff in error, and one Roxy Calkins with larceny, they were jointly arrested, and jointly examined ; that a separate trial was granted to tlie plaintiff in error on request of her counsel, merely, and that she was…

Read the full summary

In error on certiorari from three justices of the peace For the county of Wajme, composing a court of special sessions. The return to the certiorari shows that on complaint made pursuant to the statute, (S. L. 1840, p. 6G, ’7.) charging Lj'dia Pullen, the plaintiff in error, and one Roxy Calkins with larceny, they were jointly arrested, and jointly examined ; that a separate trial was granted to tlie plaintiff in error on request of her counsel, merely, and that she was tried by a jury before said court May 24, 1841. On the trial, Warner Calkins was offered as a witness for the plaintiff in…

1Opinion of the CourtFblch, J.

The only question presented by this case is, whether Warner Calkins was properly rejected by tbe court as an incompetent witness for the plaintiff in error.

Tt' is contended by the counsel for the plaintiff in error, *49that the return does not show that the plaintiff and Roxy Calkins were, in fact, charged jointly with committing the offence.

By the provisions of the statute organizing courts of special sessions, (S. L. 1840, p. 67, sec. 3,) the warrant, by virtue of which the defendant is arrested, is required to recite the accusation charged in the complaint; and, by sec. 11, it is provided…

2Cited by5 opinions

  1. United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
  2. Chambers v. AndersonCourt of Appeals for the Sixth Circuit · 1932
  3. Fraser v. LittleMichigan Supreme Court · 1865
  4. Donnelly v. . CorbettNew York Court of Appeals · 1852
  5. Lawrence v. United StatesU.S. Circuit Court for the District of Michigan · 1841

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API