People v. Jones

Michigan Supreme Court

People v. Jones

12 N.W. 848, 48 Mich. 554, 1882 Mich. LEXIS 888

CourtMichigan Supreme Court

DecidedJune 21, 1882

StatusPublished

Cited by16 cases

This text of 12 N.W. 848 (People v. Jones) 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. Jones, 12 N.W. 848, 48 Mich. 554, 1882 Mich. LEXIS 888 (Mich. 1882).

Pincite

Opinion

Cooley, J.

The record in this case show an information, a plea of former acquittal in bar, a demurrer to the plea, the demurrer overruled, trial, conviction and sentence. The pica of former acquittal shows no verdict, but it shows that a jury was empanelled, and that the prosecution went into proofs by witnesses until they rested their case. Under all the authorities this entitled defendant to a verdict one way or the other, and if the jury was discharged without verdict and without any overruling necessity, this was a final discharge of the accused. If any reason existed that should give the discharge of the jury any different effect in the case, it should have been presented by replication. This was not done, but the prosecution left the case to stand upon the plea. As that was sufficient in substance, the judgment must be reversed and the prisoner discharged.

The other Justices concurred.

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Cooley, J.

The record in this case show an information, a plea of former acquittal in bar, a demurrer to the plea, the demurrer overruled, trial, conviction and sentence. The pica of former acquittal shows no verdict, but it shows that a jury was empanelled, and that the prosecution went into proofs by witnesses until they rested their case. Under all the authorities this entitled defendant to a verdict one way or the other, and if the jury was discharged without verdict and without any overruling necessity, this was a final discharge of the accused. If any reason existed that should give the discharge of the jury any different effect in the case, it should have been presented by replication. This was not done, but the prosecution left the case to stand upon the plea. As that was sufficient in substance, the judgment must be reversed and the prisoner discharged.

The other Justices concurred.

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Bluebook (online)

12 N.W. 848, 48 Mich. 554, 1882 Mich. LEXIS 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jones-mich-1882.

Opinion

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