Rice v. People
Michigan Supreme Court
Error to Oakland Circuit. The information in this case charged plaintiffs in error with haying assaulted, with intent to kill and murder, one Charles Parsons. The information was sworn to before the Clerk who signed his name as follows: “ J. D. Bate-man, Clerk.” A plea of not guilty was entered. The jury brought in a yerdict of guilty, and sentence was passed.
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Error to Oakland Circuit. The information in this case charged plaintiffs in error with haying assaulted, with intent to kill and murder, one Charles Parsons. The information was sworn to before the Clerk who signed his name as follows: “ J. D. Bate-man, Clerk.” A plea of not guilty was entered. The jury brought in a yerdict of guilty, and sentence was passed. The following errors were assigned: “First, That the information is insufficient in this, that it does not charge that said Charles Rice and Harlow Woodard, aforesaid, wilfully, and with malice aforethought, intended to kill and murder…
1Opinion of the Court
Cooley J.
A preliminary question is raised in this case whether the return sent up by the Clerk of the Court below embodies the true record.
*15It appears from the statement of the Prosecuting Attorney that to protect the people against the consequences resulting from the loss of important papers, he has sometimes placed duplicate informations on filé, that if one was lost he might make use of the other; that he did so in the present case, but that while one of them was correct, the other omitted certain words which are supposed to be essential to its validity; that the plaintiffs in error were…
2Cases cited1 opinion
- People ex rel. Warner Lake v. HigginsMichigan Supreme Court · 1854
3Cited by16 opinions
- Kilkelly v. StateWisconsin Supreme Court · 1878
- Michigan State Dental Society v. Secretary of StateMichigan Supreme Court · 1940
- People v. OchotskiMichigan Supreme Court · 1898
- People v. TaylorMichigan Supreme Court · 1893
- Bonneville v. StateWisconsin Supreme Court · 1882
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