People v. Elmer
Michigan Supreme Court
Exceptions before judgment from Ionia; Davis, J. Arthur Elmer was convicted of being a disorderly person, in that he pretended to tell fortunes. The respondent was convicted of being a disorderly person, within the meaning of section 1, chap. 51, 3 How. Stat., in that he pretended to tell fortunes. The complaint described the offense as a continuing one, and alleged it to have been committed on July 25, 1895, and for 10 days next preceding.
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Exceptions before judgment from Ionia; Davis, J. Arthur Elmer was convicted of being a disorderly person, in that he pretended to tell fortunes. The respondent was convicted of being a disorderly person, within the meaning of section 1, chap. 51, 3 How. Stat., in that he pretended to tell fortunes. The complaint described the offense as a continuing one, and alleged it to have been committed on July 25, 1895, and for 10 days next preceding. The court was of the opinion that the undisputed facts established the offense, and so charged the jury, and directed them to find a verdict of guilty. On…
1Opinion of the CourtGrant, J.
(after stating the facts).
1. The undisputed facts in this case established the commission of the offense. It is idle to attempt to draw distinctions between professing to possess a power and pretending to exercise that power. This respondent did both. The precise point is decided in Penny v. Hanson, 16 Cox, Cr. Cas. 173. The English statute, under which conviction was had, provided that “every person pretending or professing to tell fortunes * * * shall be deemed a rogue and a vagabond.” 5 Geo. IV. chap. 83, § 4. The circular upon which the respondent was convicted stated that, “by the…
2Cases cited1 opinion
- People v. NeumannMichigan Supreme Court · 1891
3Cited by14 opinions
- Mitchell v. City of BirminghamSupreme Court of Alabama · 1931
- Davis v. StateOhio Supreme Court · 1928
- People v. NankervisMichigan Supreme Court · 1951
- People v. AntkoviakMichigan Court of Appeals · 2000
- People v. HeikkalaMichigan Supreme Court · 1924
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