Legal Opinion

Potter v. Barry Circuit Judge

Michigan Supreme Court

Decided March 30, 1909No. Calendar No. 23,257PublishedCited by 16 opinions

Mandamus by William W. Potter, Prosecuting Attorney, to compel Clement Smith, circuit judge of Barry county, to vacate an order quashing a complaint and warrant.

1Opinion of the CourtMontgomery, J.

This is an application for a manda*184mus requiring the circuit judge to set aside an order quashing proceedings in the case of People v. Bert Jaques. The respondent in that case was prosecuted for a violation of the local option law in force in Barry county upon complaint regular in form made by the then prosecuting attorney. Upon being arraigned he made a motion to quash the proceedings on the ground that, although the complaint was positive in form, the affiant did not have personal knowledge of the facts stated in the complaint. This motion was overruled, and, on the case being removed to the…

2Cases cited4 opinions

  1. People v. LynchMichigan Supreme Court · 1874
  2. People v. SchotteyMichigan Supreme Court · 1887
  3. People v. HaasMichigan Supreme Court · 1890
  4. Petrie v. LaneMichigan Supreme Court · 1885

3Cited by16 opinions

  1. People v. DavisMichigan Supreme Court · 1955
  2. People v. MosleyMichigan Supreme Court · 1953
  3. People v. BurrillMichigan Supreme Court · 1974
  4. People v. CzckayMichigan Supreme Court · 1922
  5. Phillips v. StateCourt of Criminal Appeals of Oklahoma · 1926

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