People v. Jury

Michigan Supreme Court

People v. Jury

233 N.W. 389, 252 Mich. 488, 1930 Mich. LEXIS 868

CourtMichigan Supreme Court

DecidedDecember 2, 1930

DocketDocket No. 149, Calendar No. 34,710.

StatusPublished

Cited by9 cases

This text of 233 N.W. 389 (People v. Jury) 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. Jury, 233 N.W. 389, 252 Mich. 488, 1930 Mich. LEXIS 868 (Mich. 1930).

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Opinion

Potter, J.

Defendants was arrested for an attempt to kill and murder one Everett Bailer. After his arrest he freely made a full and complete confession and accounted, in a reasonable way, for his conduct. When informed against he pleaded guilty and was sentenced to be confined in the State prison at Jackson. After sentence, defendant was transferred to the Michigan asylum for criminal insane *489 at Ionia. A motion for a new trial was heard and denied. Defendant brings error.

Two questions are raised: First, that the complaint, warrant, and arrest of defendant and all subsequent proceedings are void because the complaint made against him was not signed and sworn to. "When defendant was arraigned and informed against he pleaded guilty to the charge made against him in the information and thus waived any defect in the prior proceedings. Second, it is claimed defendant was insane at the time of the commission of the offense and at the time of his arrest, arraignment, plea, and sentence. The record is convincing that defendant understood what he was doing and desired to accomplish. His insanity was not suggested to the court by conduct or by counsel appointed to defend him. The court did not abuse its discretion in refusing to grant a new trial. We find no error in the proceedings. Conviction is affirmed.

Wiest, C. J., and Butzel, Clark, McDonald, Sharpe, North, and Fead, JJ., concurred.

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Potter, J.

Defendants was arrested for an attempt to kill and murder one Everett Bailer. After his arrest he freely made a full and complete confession and accounted, in a reasonable way, for his conduct. When informed against he pleaded guilty and was sentenced to be confined in the State prison at Jackson. After sentence, defendant was transferred to the Michigan asylum for criminal insane *489 at Ionia. A motion for a new trial was heard and denied. Defendant brings error.

Two questions are raised: First, that the complaint, warrant, and arrest of defendant and all subsequent proceedings are void because the complaint made against him was not signed and sworn to. "When defendant was arraigned and informed against he pleaded guilty to the charge made against him in the information and thus waived any defect in the prior proceedings. Second, it is claimed defendant was insane at the time of the commission of the offense and at the time of his arrest, arraignment, plea, and sentence. The record is convincing that defendant understood what he was doing and desired to accomplish. His insanity was not suggested to the court by conduct or by counsel appointed to defend him. The court did not abuse its discretion in refusing to grant a new trial. We find no error in the proceedings. Conviction is affirmed.

Wiest, C. J., and Butzel, Clark, McDonald, Sharpe, North, and Fead, JJ., concurred.

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Bluebook (online)

233 N.W. 389, 252 Mich. 488, 1930 Mich. LEXIS 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jury-mich-1930.

Opinion

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