Stewart v. People
Michigan Supreme Court
Error to Bay Circuit. Stewart was informed against in the circuit court for the county of Bay, for breaking and entering in the night-time with intent to commit larceny, an office not adjoining to, or occupied with, a dwelling-house, no person lawfully therein being put in fear, and for feloniously stealing, taking, and carrying away from said office, eighteen spoons, one cake basket, six knives, and six forks, of the value of sixty dollars, of the goods and chattels of…
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Error to Bay Circuit. Stewart was informed against in the circuit court for the county of Bay, for breaking and entering in the night-time with intent to commit larceny, an office not adjoining to, or occupied with, a dwelling-house, no person lawfully therein being put in fear, and for feloniously stealing, taking, and carrying away from said office, eighteen spoons, one cake basket, six knives, and six forks, of the value of sixty dollars, of the goods and chattels of Henry A. Braddock, then and there being found. On the trial, before the jury were sworn, one of the jurors, Van H. Parmley,…
1Opinion of the CourtCooley, J.
The challenge to the juror Parmley we think was correctly overruled. It was not based upon the ground that he had any bias or prejudice against the prisoner, or that' he had formed any opinion or received any impression of the prisoner’s guilt; but it had for its sole foundation the juror’s belief that the crime charged had been committed by some one. The argument in support of the challenge is, that inasmuch as the first step in the case for the prosecution was to prove that the alleged offense had actually been committed by some one, and this point might possibly prove to be the one of…
2Cases cited2 opinions
- Holt v. PeopleMichigan Supreme Court · 1865
- Peninsular Railway Co. v. HowardMichigan Supreme Court · 1870
3Cited by76 opinions
- People v. . KatzNew York Court of Appeals · 1913
- United States v. Michel PierreCourt of Appeals for the Second Circuit · 1986
- Gabriel Felice v. The Long Island Railroad CompanyCourt of Appeals for the Second Circuit · 1970
- People v. DurfeeMichigan Supreme Court · 1886
- People v. StraightMichigan Supreme Court · 1988
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