People v. Luby

Michigan Supreme Court

People v. Luby

23 N.W. 218, 56 Mich. 551, 1885 Mich. LEXIS 705

CourtMichigan Supreme Court

DecidedApril 29, 1885

StatusPublished

Cited by8 cases

This text of 23 N.W. 218 (People v. Luby) 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. Luby, 23 N.W. 218, 56 Mich. 551, 1885 Mich. LEXIS 705 (Mich. 1885).

Pincite

Opinion

Cooley, C. J.

The respondent was convicted in the Recorder’s Court of Kalamazoo of a criminal assault and battery, on a trial by a jury of six. He demanded a jury of twelve.

Twelve is the constitutional number of jurors in this State. Hill v. People 16 Mich. 351. The Constitution makes an exception for courts not of record (Art. 6, § 28); but by the statute creating the Recorder’s Court of Kalamazoo, it is expressly declared to be a court of record. Local Acts 1883, [No. 337], pp. 677, 694. It does not therefore come within the exception.

The conviction must be quashed.

The other Justices concurred.

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