People v. Lay
Michigan Supreme Court
Exceptions before sentence from Kalamazoo; Weimer, J. Frank B. Lay, Jr., was convicted of embezzlement. Respondent in this case was indicted by a grand jury, and in said indictment was charged, together with one Victor L. Palmer and George T. Lay, with having embezzled from the Michigan Buggy Company,' a corporation of which respondent was vice president and a director, the sum of $42,446.52. To the information respondent interposed several pleas in abatement, the substance…
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Exceptions before sentence from Kalamazoo; Weimer, J. Frank B. Lay, Jr., was convicted of embezzlement. Respondent in this case was indicted by a grand jury, and in said indictment was charged, together with one Victor L. Palmer and George T. Lay, with having embezzled from the Michigan Buggy Company,' a corporation of which respondent was vice president and a director, the sum of $42,446.52. To the information respondent interposed several pleas in abatement, the substance of which was as follows: (1) That Joseph W. Stockwell, one of the grand jurors of the jury which found the indictment,…
1Opinion of the CourtBrooke, J.
{after stating the facts). The first mat*26ter requiring consideration is the assignment of error based upon the action of the court in sustaining the demurrer to the several pleas in abatement. The statute involved (section 11881, 3 Comp. Laws [3 Comp. Laws 1915, § 15708]) provides:
“A person held to answer to any criminal charge, may object to the competency of any one summoned to serve as a grand juror, on the ground that he is the prosecutor or complainant upon any charge against such person; and if such objection be established, the person so summoned shall be set aside.”
Section 11882…
2Cases cited13 opinions
- People v. EvansMichigan Supreme Court · 1888
- People v. LauderMichigan Supreme Court · 1890
- People v. SalsburyMichigan Supreme Court · 1903
- People v. GarnettCalifornia Supreme Court · 1900
- People v. PayneMichigan Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. Newt W. Goodwin and Kathleen L. NailCourt of Appeals for the Fifth Circuit · 1973
- State Ex Rel. Mitchell v. KellySupreme Court of Florida · 1954
- In Re WatsonMichigan Supreme Court · 1940
- People v. RiceMichigan Supreme Court · 1919
- People v. AbernathyMichigan Supreme Court · 1931
11 more not listed; retrieve them via the Exa API.