Legal Opinion

People v. Duffek

Michigan Supreme Court

Decided November 11, 1910No. Docket No. 114PublishedCited by 2 opinions

Exceptions before sentence from Grand Traverse; Mayne, J. Andrew Duffek was convicted of assault with intent to do great bodily harm, less than the crime of murder. The cause is here on exceptions before sentence. The material facts, briefly stated, are: Respondent was charged in the information with having made an assault with intent to kill and murder.

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Exceptions before sentence from Grand Traverse; Mayne, J. Andrew Duffek was convicted of assault with intent to do great bodily harm, less than the crime of murder. The cause is here on exceptions before sentence. The material facts, briefly stated, are: Respondent was charged in the information with having made an assault with intent to kill and murder. The jury retired to consider of their verdict and were brought into court late in the evening and instructed that if they reached an agreement during the night they might write and sign the verdict, deliver it to the officer having them in…

1Opinion of the CourtOstrander, J.

(after stating the facts). The exceptions present the questions: (1) Whether, on the trial of one charged with having committed a felony, the jury may be permitted to separate after agreeing upon, signing, sealing, and delivering to the officer having them in charge, a verdict, and afterwards return into court and assent publicly to the result so agreed to; (2) whether, in such a case, the sealed verdict having been delivered to the clerk, it may be returned to the jury, upon the request of the foreman, by direction of the court, unopened and unannounced, for correction, and, having been…

2Cases cited29 opinions

  1. Swart v. KimballMichigan Supreme Court · 1880
  2. Stewart v. PeopleMichigan Supreme Court · 1871
  3. Underwood v. PeopleMichigan Supreme Court · 1875
  4. Hill v. PeopleMichigan Supreme Court · 1868
  5. People v. MarionMichigan Supreme Court · 1874

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3Cited by2 opinions

  1. Attorney General Ex Rel. O'Hara v. MontgomeryMichigan Supreme Court · 1936
  2. People v. HendersonMichigan Supreme Court · 1929

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