People v. Westbrook
Michigan Supreme Court
Exceptions before judgment from Saginaw. (Gage, J.) Respondent was convicted of making an indecent assault upon the person of his daughter, a girl of nine years of age. The facts are stated in the opinion.
1Opinion of the CourtHooker, C. J.
Defendant was convicted of an indecent assault upon the person of his daughter, a girl of nine years of age.
The warrant was based upon a written complaint made by defendant's wife, who was also allowed to testify against him at the trial, upon the part of the people, without his consent.
The case falls within .the principles laid down in the case of People v. Quanstrom, 93 Mich. 254, where a complaint for bigamy made by a wife against her husband was held insufficient.
*630Tbe conviction will be set aside, and tbe defendant discharged.
The other Justices concurred.
2Cases cited1 opinion
- People v. QuanstromMichigan Supreme Court · 1892
3Cited by5 opinions
- State v. KollenbornSupreme Court of Missouri · 1957
- Cargill v. StateCourt of Criminal Appeals of Oklahoma · 1923
- People v. ClarkeMichigan Supreme Court · 1962
- State v. WilcoxSupreme Court of Iowa · 1918
- Tretheway v. HulettSupreme Court of Minnesota · 1893