People v. Dowd

Michigan Supreme Court

People v. Dowd

7 N.W. 71, 44 Mich. 488, 1880 Mich. LEXIS 607

CourtMichigan Supreme Court

DecidedOctober 27, 1880

StatusPublished

Cited by12 cases

This text of 7 N.W. 71 (People v. Dowd) 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. Dowd, 7 N.W. 71, 44 Mich. 488, 1880 Mich. LEXIS 607 (Mich. 1880).

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Opinion

Marston, C. J.

Whether the respondent in this case could have interposed a valid objection in the police court to the complaint and warrant under which he was arrested, or either of them, either in form or substance, we need not determine. An examination was had without objection and the respondent held for trial, and we are of opinion that he could not for the first time raise such objections when called upon to plead to the information, as the charge contained in the information was embraced in the complaint and warrant and covered by the examination.

The motion made to strike out the testimony of certain of [489]*489the witnesses was properly denied, as the evidence given, in part at least, was competent as against the respondent, and .the motion to strike out included this also. The court also properly refused to withdraw the case from the consideration of the jury.

We discover no error in the record and it must be so certified to the Recorder’s Court.

The other Justices concurred.

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Marston, C. J.

Whether the respondent in this case could have interposed a valid objection in the police court to the complaint and warrant under which he was arrested, or either of them, either in form or substance, we need not determine. An examination was had without objection and the respondent held for trial, and we are of opinion that he could not for the first time raise such objections when called upon to plead to the information, as the charge contained in the information was embraced in the complaint and warrant and covered by the examination.

The motion made to strike out the testimony of certain of [489]*489the witnesses was properly denied, as the evidence given, in part at least, was competent as against the respondent, and .the motion to strike out included this also. The court also properly refused to withdraw the case from the consideration of the jury.

We discover no error in the record and it must be so certified to the Recorder’s Court.

The other Justices concurred.

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Bluebook (online)

7 N.W. 71, 44 Mich. 488, 1880 Mich. LEXIS 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dowd-mich-1880.

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