De Long v. Board of Supervisors
Michigan Supreme Court
Certiorari to Muskegon; Russell, J. Mandamus by Nelson De Long to compel the board of supervisors of Muskegon county to allow a claim for attorney’s fees and expenses incident to an appeal from the conviction of an indigent prisoner. From an order denying the writ, relator brings certiorari.
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Certiorari to Muskegon; Russell, J. Mandamus by Nelson De Long to compel the board of supervisors of Muskegon county to allow a claim for attorney’s fees and expenses incident to an appeal from the conviction of an indigent prisoner. From an order denying the writ, relator brings certiorari. The relator, an attorney at law, was appointed by the circuit court of the county of Muskegon to defend one Smith, an indigent prisoner, charged with the crime of assault with intent to do great bodily harm less than the crime of murder. He was convicted. The relator, ■upon his own motion, and without any…
1Opinion of the CourtGrant, J.
(after stating the facts). The relator contends that, when an attorney is appointed to defend an indigent prisoner in the circuit court, he has the right, upon his own motion, upon conviction, to appeal the case to the Supreme Court, and that the supervisors of the county are required by law to pay the expenses of printing the record and brief, and for his services in taking the case to this court. If such a right exists, it must be found in the statute. The right of appeal in civil and criminal cases is statutory. Section 9046, 2 How. Stat., as amended by Act No. 96, Pub. Acts 1893, provides…
2Cited by6 opinions
- People v. PhillipsMichigan Supreme Court · 2003
- Frederick v. Presque Isle County Circuit JudgeMichigan Supreme Court · 1991
- State v. HudsonSupreme Court of Rhode Island · 1935
- Brackenbrough v. StateNevada Supreme Court · 1976
- Frederick v. Presque Isle County Circuit JudgeMichigan Supreme Court · 1991
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