Lambert v. People

Michigan Supreme Court

Lambert v. People

29 Mich. 71, 1874 Mich. LEXIS 48

CourtMichigan Supreme Court

DecidedJanuary 29, 1874

StatusPublished

Cited by25 cases

This text of 29 Mich. 71 (Lambert v. People) 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.

Bluebook

Lambert v. People, 29 Mich. 71, 1874 Mich. LEXIS 48 (Mich. 1874).

Pincite

Opinion

Cooley, J.

Two objections are made to the conviction in this case:

First. That the affidavit by which the information was verified was insufficient;

Second. That evidence was permitted to be given to show what the prosecutor said immediately after the time he claimed to have been robbed.

The objection to the verification of the information was not made until after the jury was sworn, and came too late.

The objection to the evidence was not well taken. The prosecutor swore to being knocked down and robbed, and other witnesses who came up immediately, were allowed to testify that he then told them he had been robbed. It all occurred, according to the testimony, within three minutes of the time when the offense was committed. Sucb an immediate complaint made of a crime of violence must be regarded as a part of the res gestee.

The judgment should be affirmed.

Campbell, J., and Graves, Ch. J., concurred. Christiancy, J., did not sit in this case.

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