People v. Baumann
This text of 18 N.W. 369 (People v. Baumann) 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
The defendant was arrested and tried in justice’s court on a complaint ,and warrant1 charging him with keeping his saloon open on the 4th day of July, 1882, in Kalamazoo, contrary 'to How. Stat. § 2274. He was convicted on a tidal had before a jury, and on certiorari to the circuit court the judgment was affirmed by Judge Mills, and the case is now brought here for review, the respondent relying upon the same errors for reversal as at the circuit.
It is alleged for error that the complaint and warrant charge no offense. No particular defect is pointed out. We think they both sufficiently comply with the statute, and that-the judgment -was not without jurisdiction, as claimed by counsel for defendant.
In obtaining the jury in the case, three talesmen wore summoned. Of these, two were over sixty years of age, and upon that ground defendant challenged the array. The challenge was overruled, and this ruling is alleged as [586]*586error. The ground taken was good challenge for cause but not to the array. It is also insisted that there was no evidence to go to the jury that the defendant “ kept open any place where liquor was sold on the 4th day of July, 1882.” Mr. Gates, the marshal of the village, was sworn and testified on his direct examination that the defendant kept a saloon on that day on Main street, and that he kept whisky, beer and liquors of different kinds; on his cross-examination he said he knew defendant was keeping the saloon on the 4th of July, 1882; that he saw Baumann around there that day, in the front part of the saloon where cigars and tobacco were kept, but not in the part where liquors were sold. On the re-direct examination he said that the doors of the saloon were open and he saw a good many men going in and out of the saloon that day;. that the front doors of the saloon were open.
Theodore Merrill testified in substance that he knew defendant and his business July 4, 1882. He kept a saloon [587]*587on Main street. Baumann told Mr. Knappen that he was proprietor of the saloon. "Witness was in the saloon on that day two or three times. Saw a large number of persons in the saloon standing around the bar drinking liquor which in his judgment was beer and whiskey. That defendant’s bartender was behind the bar selling it. W. W. Peck testified he was internal revenue collector and had his office in same building; knew respondent’s saloon and that he kept it open on July 4, 1882, and saw men going in and out of it frequently on that day.
All this evidence was given and no evidence was offered to contradict it. This testimony shows no ground for the objection that there was no evidence showing defendant kept his saloon open on the 4th day of July as charged in the complaint.
Witness Merrill, for the purpose of showing that the respondent was proprietor of the saloon, was asked if he saw a license card in the saloon on that day and what it contained. This was objected to as irrelevant and immaterial. We think the objection properly overruled. For the purpose stated the testimony was proper.
Several other objections were taken and urged, but we think none of them tenable, and that they need no further consideration.
The judgment must be affirmed with costs.
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18 N.W. 369, 52 Mich. 584, 1884 Mich. LEXIS 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baumann-mich-1884.