Hanna v. People
Michigan Supreme Court
Error to Kent Circuit. The plaintiff in error was charged upon the information of the Prosecuting Attorney for Kent County, that he “with a certain piece of iron, the same being a dangerous weapon, which he, the said John Hanna, in his right, hand then and there held, feloniously did beat, bruise and wound one John Shine, with intent, in so doing then and thereby feloniously, wilfully, and of his malice aforethought, to kill and murder the said John'Shine, contrary etc. ”…
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Error to Kent Circuit. The plaintiff in error was charged upon the information of the Prosecuting Attorney for Kent County, that he “with a certain piece of iron, the same being a dangerous weapon, which he, the said John Hanna, in his right, hand then and there held, feloniously did beat, bruise and wound one John Shine, with intent, in so doing then and thereby feloniously, wilfully, and of his malice aforethought, to kill and murder the said John'Shine, contrary etc. ” And “ that the said John Hanna, and upon one John Shine, in the peace of God and of the People of the State of Michigan…
1Opinion of the Court
Christiancy J.
Plaintiff in error was tried in the Circuit Court for the County of Kent, upon an information charging him with assaulting and beating, with intent to murder, one John Shine.
The verdict of the jury was not guilty of the assault with intent to kill etc., but guilty of assault and battery.
The exceptions taken on the trial raise only the question, whether under this information (which is for an offense not a felony at common law, but made so by our statute), it was competent to find the defendant guilty of a simple assault and battery ?
The general rule at common law was, that when…
2Cited by44 opinions
- People v. ChamblisMichigan Supreme Court · 1975
- People v. CornellMichigan Supreme Court · 2002
- People v. MendozaMichigan Supreme Court · 2003
- People v. AbbottMichigan Supreme Court · 1893
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
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