Legal Opinion

Tiedke v. City of Saginaw

Michigan Supreme Court

Decided February 11, 1880PublishedCited by 11 opinions

Certiorari to the Beeorder’s Court of the City of Saginaw. as to the joinder of distinct offenses, cited Arch. Cr. PI. 158; 1 Chitty PL 201; 1 Chitty Cr. L. 253; Bose. Cr. Ev. 232; People v. McKinney ' 10 Mich. 95; if an election between counts is not required, the decision is final, Final v. Backus 18 Mich. 223; Detroit v. Jackson 1 Doug. ..(Mich.) 110.

1Opinion of the CourtMarston, C. J.

The plaintiff in certiorari was arrested, tried and found guilty of disorderly conduct in violation of an ordinance of the city.

The case as presented on behalf of the city seems to have been one of those convenient prosecutions which for certain purposes are deemed civil, for others criminal, and where necessary partake of the character of both.

Two separate and entirely distinct offenses, committed on separate days, were alleged in the same complaint and warrant. This was erroneous.

Separate and distinct offenses may be charged in different counts, and the prosecution may be called upon to…

2Cases cited3 opinions

  1. People v. JennesMichigan Supreme Court · 1858
  2. Hamilton v. PeopleMichigan Supreme Court · 1874
  3. People v. McKinneyMichigan Supreme Court · 1862

3Cited by11 opinions

  1. People v. TobeyMichigan Supreme Court · 1977
  2. People v. AikinMichigan Supreme Court · 1887
  3. People v. CzckayMichigan Supreme Court · 1922
  4. People v. ShulerMichigan Supreme Court · 1904
  5. People v. KeeferMichigan Supreme Court · 1893

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