Avery v. Circuit Judge
This text of 1 McGrath 249 (Avery v. Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
To vacate an order quashing an information.
Granted March 9, 1894.
Respondent returned that he quashed the information as to the assault with intent to commit the crime of murder, because the complaint and warrant did not state or point out with sufficient certainty the person intended to be murdered, and as to the count charging' an assault with intent to do great bodily harm less than the crime of murder, the complaint and warrant charged nothing beyond assault and battery.
The complaint charged that “on'etc., at etc., Ferguson Landon did assault one Henry Burns, with intent to commit the crime of murder by then and there shooting said Burns'with a shotgun.”
The language of the warrant followed that of the complaint.
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1 McGrath 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avery-v-circuit-judge-mich-1894.