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People v. McKinney

The People v. John McKinney

People v. McKinney, 9 Mich. 444 (1862)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 7, 1862
Citations
9 Mich. 4441862 Mich. LEXIS 1
Cited by 3
Headnotes
Where exceptions in a criminal case are transmitted to the Supreme Court for review before sentence, the Supreme Court has no power to admit the defendant to bail.
Summary
Error to Ingham Circuit. Defendant having been convicted on a criminal charge, and exceptions having been duly taken and settled, the same were transmitted to this Court for review before sentence, in pursuance of chapter 197 of the Compiled Laws. The Circuit Court at the same time made an order that defendant give bail in the sum of $14,000 in pursuance of the fifth section of said chapter, and he having failed to give the bail, was committed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The Court

held that it had no power to grant the motion. Notwithstanding the exceptions, the cause still remains in the Court below; and as the statute does not confer upon this Court the power to take bail, it does not possess it. The authority over that subject remains in the Circuit Court.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 3 cases

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1894: 11905: 11906: 118942026peak 1894 · 1

Relies on it most ⓘ

  1. United States v. Hudson65 F. 68 (W.D. Ark. 1894)
  2. Territory of Oklahoma ex rel. Thacker v. Woodring1905 OK 60, 82 P. 572
  3. People v. West107 N.W. 283 (Mich. 1906)

Most recent

  1. People v. West107 N.W. 283 (Mich. 1906)
  2. Territory of Oklahoma ex rel. Thacker v. Woodring1905 OK 60, 82 P. 572
  3. United States v. Hudson65 F. 68 (W.D. Ark. 1894)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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