People v. Baumgartner

Michigan Supreme Court

People v. Baumgartner

236 Mich. 632

CourtMichigan Supreme Court

DecidedDecember 8, 1926

DocketDocket No. 125

StatusPublished

This text of 236 Mich. 632 (People v. Baumgartner) 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

People v. Baumgartner, 236 Mich. 632 (Mich. 1926).

Pincite

Opinion

Clark, J.

Exceptions before sentence, after conviction of larceny of parts of a sawmill, present one meritorious question: that the verdict is against the great weight of the evidence. But we may not consider it, for the reason that it was not submitted first to the trial judge by motion for a new trial. It has been held many times that this question cannot be raised first in this court. The defense, abundantly supported by evidence, is that the parts were taken without wrongful intent, under a claim of right, and upon advice of counsel. Whether a new trial still may be had is a matter which may be addressed to the discretion of the trial judge.

Exceptions overruled and cause remanded.

Bird, C. J., and Sharpe, Snow, Steere, Fellows, Wiest, and McDonald, JJ., concurred.

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Clark, J.

Exceptions before sentence, after conviction of larceny of parts of a sawmill, present one meritorious question: that the verdict is against the great weight of the evidence. But we may not consider it, for the reason that it was not submitted first to the trial judge by motion for a new trial. It has been held many times that this question cannot be raised first in this court. The defense, abundantly supported by evidence, is that the parts were taken without wrongful intent, under a claim of right, and upon advice of counsel. Whether a new trial still may be had is a matter which may be addressed to the discretion of the trial judge.

Exceptions overruled and cause remanded.

Bird, C. J., and Sharpe, Snow, Steere, Fellows, Wiest, and McDonald, JJ., concurred.

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Bluebook (online)

236 Mich. 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baumgartner-mich-1926.