Legal Opinion

People v. Barker

Michigan Supreme Court

Decided April 8, 1886PublishedCited by 97 opinions

Error to Van Boren. (Mills, J.) Information for murder. Convicted. The facts are stated in the opinions. ' The examination made by Dr. Andrews was insufficient to base an opinion on as to the cause of death. He stated no facts on which to base it, but does show that he had no knowledge on the subject. His opinion was a mere guess: Grand Rapids & Ind.

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Error to Van Boren. (Mills, J.) Information for murder. Convicted. The facts are stated in the opinions. ' The examination made by Dr. Andrews was insufficient to base an opinion on as to the cause of death. He stated no facts on which to base it, but does show that he had no knowledge on the subject. His opinion was a mere guess: Grand Rapids & Ind. R. R. Co. v. Huntley, 38 Mich. 542-3. The fact that deceased was not drowned, in no way tended to establish strangulation or a felonious homicide, and if it did, it in no way connected the respondents with the crime. It did not tend to prove the…

1Opinion of the CourtChamplin, J.

The respondents were informed against for *285murder, and were convicted of murder in the second degree. Marshall Gr. Barker was sentenced to imprisonment for life, and William K. Barker for the term of twenty-five years.

There are forty-nine assignments of error, which may be considered under three heads, namely : Those relating to

the selection of the jury; those relating to the introduction of expert testimony; and those relating to the alleged confessions of respondents.

1. The respondents claimed the right to challenge peremptorily sixty jurors, which was acceded to by the court. The…

2Cases cited26 opinions

  1. Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
  2. Commonwealth v. PiperMassachusetts Supreme Judicial Court · 1876
  3. People v. HareMichigan Supreme Court · 1885
  4. O'Donnell v. SegarMichigan Supreme Court · 1872
  5. New York Iron Mine v. First National BankMichigan Supreme Court · 1878

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

3Cited by97 opinions

  1. People v. . McQuadeNew York Court of Appeals · 1888
  2. United States v. DeainUnited States Court of Military Appeals · 1954
  3. State v. AthanWashington Supreme Court · 2007
  4. State v. AthanWashington Supreme Court · 2007
  5. People v. UtterMichigan Supreme Court · 1921

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

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