People v. RUSSELL J. DAVIS

Michigan Court of Appeals

People v. RUSSELL J. DAVIS

180 N.W.2d 214, 24 Mich. App. 344, 1970 Mich. App. LEXIS 1717

CourtMichigan Court of Appeals

DecidedJune 3, 1970

DocketDocket 8,190

StatusPublished

Cited by2 cases

This text of 180 N.W.2d 214 (People v. RUSSELL J. DAVIS) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. RUSSELL J. DAVIS, 180 N.W.2d 214, 24 Mich. App. 344, 1970 Mich. App. LEXIS 1717 (Mich. Ct. App. 1970).

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Opinion

*345 Per Curiam.

Defendant was found guilty by a jury of breaking and entering ** and was sentenced to four to ten years in the state penitentiary.

Defendant’s sole issue on appeal concerns MCLA § 725.16 (Stat Ann 1962 Rev § 27.3956) which requires a judicial order to empower a clerk or his deputy to sign a criminal complaint. The issue is stated thus: is reversible error committed when the trial court refuses to dismiss a criminal case at the conclusion of the people’s proof, and at the conclusion of the trial, where the original criminal complaint issued against the defendant was not signed by a municipal judge, but by a deputy clerk not having authority to do so?

There is ample Michigan authority to hold that there is a waiver of the right to object to a criminal complaint if not brought before the jury is sworn. People v. Roney (1967), 7 Mich App 678; People v. Licavoli (1931), 256 Mich 229; People v. Bonneau (1948), 323 Mich 237; People v. Linscott (1968), 14 Mich App 334; People v. Curran (1916), 191 Mich 583; People v. Graves (1968), 15 Mich App 244.

Affirmed.

**

MCLA § 750.110 (Stat Ann 1969 Cum Supp § 28.305).

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*345 Per Curiam.

Defendant was found guilty by a jury of breaking and entering ** and was sentenced to four to ten years in the state penitentiary.

Defendant’s sole issue on appeal concerns MCLA § 725.16 (Stat Ann 1962 Rev § 27.3956) which requires a judicial order to empower a clerk or his deputy to sign a criminal complaint. The issue is stated thus: is reversible error committed when the trial court refuses to dismiss a criminal case at the conclusion of the people’s proof, and at the conclusion of the trial, where the original criminal complaint issued against the defendant was not signed by a municipal judge, but by a deputy clerk not having authority to do so?

There is ample Michigan authority to hold that there is a waiver of the right to object to a criminal complaint if not brought before the jury is sworn. People v. Roney (1967), 7 Mich App 678; People v. Licavoli (1931), 256 Mich 229; People v. Bonneau (1948), 323 Mich 237; People v. Linscott (1968), 14 Mich App 334; People v. Curran (1916), 191 Mich 583; People v. Graves (1968), 15 Mich App 244.

Affirmed.

**

MCLA § 750.110 (Stat Ann 1969 Cum Supp § 28.305).

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Bluebook (online)

180 N.W.2d 214, 24 Mich. App. 344, 1970 Mich. App. LEXIS 1717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-russell-j-davis-michctapp-1970.

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