Legal Opinion

People v. McCullough

Michigan Supreme Court

Decided May 16, 1890PublishedCited by 24 opinions

Exceptions before judgment from Jackson. (Peck, J.) Respondent was convicted of manslaughter. The facts are stated in the opinion. 1. The amendment to the information introduced a new element, and possibly exposed respondent to a conviction not possible under the original information; citing People v. Adams, 52 Mich. 24. 2. The letter written to respondent’s father was not admissible.

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Exceptions before judgment from Jackson. (Peck, J.) Respondent was convicted of manslaughter. The facts are stated in the opinion. 1. The amendment to the information introduced a new element, and possibly exposed respondent to a conviction not possible under the original information; citing People v. Adams, 52 Mich. 24. 2. The letter written to respondent’s father was not admissible. It could be of no greater value than the conversation from which it sprang; and it seems strange that respondent’s guilt can be made to depend, in any degree, upon statements made under such circumstances as…

1Opinion of the CourtLong, J.

The respondent Dennis McCullough was informed against jointly with respondents John Wiley and James .Murray, and, on a separate- trial in the Jackson *28circuit court, Avas convicted of the crime of manslaughter.

After the jury Avere impaneled, counsel for the defendant requested the prosecuting attorney to proceed with the trial of defendants Wiley and Murray, he having in his opening stated to the jury that Murray and Wiley Avere not accused of actual participation in or complicity Avith the acts of McCullough, Avhich it was claimed produced the death of the deceased. This was refused, and the…

2Cases cited3 opinions

  1. People v. OlmsteadMichigan Supreme Court · 1874
  2. People v. SwetlandMichigan Supreme Court · 1889
  3. Wixson v. PeopleNew York Supreme Court · 1860

3Cited by24 opinions

  1. United States v. Julius L. EchelesCourt of Appeals for the Seventh Circuit · 1965
  2. People v. StewartMichigan Supreme Court · 1977
  3. People v. WhiteMichigan Supreme Court · 1977
  4. People v. HarrisonMichigan Court of Appeals · 1973
  5. People v. RaiderMichigan Supreme Court · 1931

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