People v. Smith
Michigan Supreme Court
On exceptions from the Recorder’s Court of Detroit, where defendant was informed against for resisting the service, by a constable of Detroit, of a warrant issued for his arrest by a justice of the peace of said city, March 22, 1861, on a charge of assault and battery, and made returnable before the Police Justice. In tho Recorder’s Court the prisoner moved to quash the information, on the ground that the constable had no legal right to serve the warrant.
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On exceptions from the Recorder’s Court of Detroit, where defendant was informed against for resisting the service, by a constable of Detroit, of a warrant issued for his arrest by a justice of the peace of said city, March 22, 1861, on a charge of assault and battery, and made returnable before the Police Justice. In tho Recorder’s Court the prisoner moved to quash the information, on the ground that the constable had no legal right to serve the warrant. This motion was denied, and the case went to trial, “the prisoner,” as stated in the bill of exceptions, “with the consent of the court,…
1Opinion of the Court
Campbell J.:
This case' comes before us upon a bill of exceptions from the Recorder’s Court of Detroit, before judgment. It appears that the prisoner was tried by the court without a jury, which he is said to have waived by consent of the Court.
The first question demanding attention is, whether a trial can be had without a jury, in" the Recorder’s Court, of a criminal prosecution.
*199The charter of Detroit recites that “ In all trials upon indictments, the person or persons upon trial shall he tried by a jury, unless the right to a trial by jury he, with consent of the court, waived.” Laws of…
2Cited by19 opinions
- Singer v. United StatesSupreme Court of the United States · 1965
- Risser v. HoytMichigan Supreme Court · 1884
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- People v. KirbyMichigan Supreme Court · 1992
- State v. CarmanSupreme Court of Iowa · 1884
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