People v. McDonald

Michigan Supreme Court

People v. McDonald

184 N.W. 860, 216 Mich. 234, 1921 Mich. LEXIS 452

CourtMichigan Supreme Court

DecidedNovember 3, 1921

DocketDocket No. 178

StatusPublished

Cited by3 cases

This text of 184 N.W. 860 (People v. McDonald) 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. McDonald, 184 N.W. 860, 216 Mich. 234, 1921 Mich. LEXIS 452 (Mich. 1921).

Pincite

Opinion

Fellows, J.

Defendant was a police officer of the metropolitan police department.of the city of Detroit. He was convicted of a violation of section 14979, 3 Comp. Laws 1915, The testimony tended to show that he accepted a bribe given to prevent the institution by him of a criminal prosecution. In the recent case of People v. Romanski, 213 Mich 636, where the facts were substantially the same as those disclosed by this record, we held that the prosecution should have been under section 14992, 3 Comp. Laws 1915, and that it could not be maintained under section 14979, and we there reversed the conviction and discharged the defendant. Upon the hearing of this case in this court the prosecuting attorney conceded that the instant case was controlled by that case and confessed error. In this the prosecuting attorney was right. The Romanski Case is decisive of this case.

The conviction will be set aside and the defendant discharged.

Steere, C. J., and Moore, Wiest, Stone, Clark, Bird, and Sharpe, JJ., concurred.

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Fellows, J.

Defendant was a police officer of the metropolitan police department.of the city of Detroit. He was convicted of a violation of section 14979, 3 Comp. Laws 1915, The testimony tended to show that he accepted a bribe given to prevent the institution by him of a criminal prosecution. In the recent case of People v. Romanski, 213 Mich 636, where the facts were substantially the same as those disclosed by this record, we held that the prosecution should have been under section 14992, 3 Comp. Laws 1915, and that it could not be maintained under section 14979, and we there reversed the conviction and discharged the defendant. Upon the hearing of this case in this court the prosecuting attorney conceded that the instant case was controlled by that case and confessed error. In this the prosecuting attorney was right. The Romanski Case is decisive of this case.

The conviction will be set aside and the defendant discharged.

Steere, C. J., and Moore, Wiest, Stone, Clark, Bird, and Sharpe, JJ., concurred.

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Bluebook (online)

184 N.W. 860, 216 Mich. 234, 1921 Mich. LEXIS 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcdonald-mich-1921.

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