Legal Opinion

People v. Cooke

Michigan Court of Appeals

Decided February 17, 1982No. Docket 51500PublishedCited by 8 opinions

1Opinion of the CourtAllen, P. J.

May a prosecutor appeal from a post-verdict order acquitting a defendant after a jury has returned a verdict of guilty? This issue of first impression comes before us in an appeal by the prosecutor from an order acquitting the defendant of burning insured property, MCL 750.75: MSA 28.270.

The charge arose from a fire on January 16, 1979, in an unoccupied dwelling house owned by defendant in Long Rapids Township, Alpena County. Trial was held in December, 1979. At the close of proofs, defendant moved for a directed verdict of acquittal. The court denied the motion, but suggested that defendant…

2Cases cited10 opinions

  1. United States v. WilsonSupreme Court of the United States · 1975
  2. People v. BlachuraMichigan Supreme Court · 1973
  3. Jackson County Prosecutor v. Court of AppealsMichigan Supreme Court · 1975
  4. E. F. MacDonald Co. v. Department of TreasuryMichigan Court of Appeals · 1975
  5. People v. ConteMichigan Court of Appeals · 1981

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. CookeMichigan Supreme Court · 1984
  2. People v. GauntlettMichigan Court of Appeals · 1984
  3. People v. RushMichigan Court of Appeals · 1982
  4. People v. WilkinsMichigan Court of Appeals · 1982
  5. People v. RobinsonMichigan Court of Appeals · 1982

3 more not listed; retrieve them via the Exa API.

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