People v. Morgan
Michigan Supreme Court
Exceptions before judgment from Cheboygan; Adams, J. Prank Morgan was convicted of murder in the second degree. Respondent was charged with the murder of one Don Gillis on the 29th day of April. He was convicted of murder in the second degree. He was at work as a farm laborer for one Mrs. Bowen. Her husband had left her, and was living in a house upon an adjoining 40 acres. Mrs. Bowen controlled the house and farm where she lived.
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Exceptions before judgment from Cheboygan; Adams, J. Prank Morgan was convicted of murder in the second degree. Respondent was charged with the murder of one Don Gillis on the 29th day of April. He was convicted of murder in the second degree. He was at work as a farm laborer for one Mrs. Bowen. Her husband had left her, and was living in a house upon an adjoining 40 acres. Mrs. Bowen controlled the house and farm where she lived. About 11 o’clock at night Mrs. Bowen’s dogs barked in such a manner as to lead her and the respondent to believe that somebody was prowling around the house. She…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. I can find no evidence upon this record from which it can reasonably be inferred that the respondent was guilty of murder. Unless the people produced evidence from which it could ■ fairly be inferred that respondent shot, believing that the person in the yard was Bowen, and intended to kill him, the conviction is wrong. This is the claim of the people, and the sole theory on which they asked conviction. There is, in my judgment, no such testimony. The court should, therefore, as requested, have directed the jury to acquit him of the crime of murder.
2. It was…
2Cited by6 opinions
- People v. AuerbachMichigan Supreme Court · 1913
- People v. GougasIllinois Supreme Court · 1951
- People v. JonesMichigan Supreme Court · 1940
- State v. AdamsSupreme Court of North Carolina · 1904
- State v. PotterNorth Dakota Supreme Court · 1930
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