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Clark v. People

Harry Clark v. The People

Clark v. People, 6 N.W. 682 (Mich. 1880)
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Court
Michigan Supreme Court · State Highest Courts
Decided
October 6, 1880
Judges
Marston, Other
Citations
6 N.W. 68244 Mich. 3081880 Mich. LEXIS 551
Disposition
Reversed.
Cited by 9
Headnotes
Meamination as to plea of guilty. Judgment on a plea of guilty was reversed and the prisoner discharged, where the record showed that the information was sworn to and the accused was arraigned, pleaded guilty, and was sentenced on the same day, and did not show anything from which it could he inferred that hé was examined under Act 99 of 1875 as to whether his plea of guilty was voluntary.
Summary
Error to Kent. Information for “grand larceny.” Respondent brings error. Prisoner discharged.

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

Opinion of the Court — Marston

Text extracted by OCR from a scanned original; check the original for exact wording.

Marston, C. J.

This case comes clearly within Edwards v. People 89 Mich. 760 . The information was sworn to December 26, 1878, and on the' same day the. respondent was arraigned, pleaded guilty, and was sentenced, and there is nothing in the record showing, or from which it can be inferred, that any examination, such as the act of 1875 contemplates, was had.

The júdgment must therefore be reversed and the prisoner -discharged.

The other Justices concurred.

How later courts describe this case

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

Cited by 9 cases

View all citing references →
1882–1883: 31884–1885: 11920–1921: 11934–1935: 11970–1971: 11972–1973: 11976–1977: 118822026peak 1882 · 3

Relies on it most ⓘ

  1. People v. Rufus Williams192 N.W.2d 466 (Mich. 1971)
  2. People v. Mauch247 N.W.2d 5 (Mich. 1977)
  3. People v. Brown19 N.W. 571 (Mich. 1884)
  4. People v. Taylor195 N.W.2d 856 (Mich. 1972)
  5. People v. Harris253 N.W. 312 (Mich. 1934)
  6. People v. Utter176 N.W. 424 (Mich. 1920)

Most recent

  1. People v. Mauch247 N.W.2d 5 (Mich. 1977)
  2. People v. Taylor195 N.W.2d 856 (Mich. 1972)
  3. People v. Rufus Williams192 N.W.2d 466 (Mich. 1971)
  4. People v. Harris253 N.W. 312 (Mich. 1934)
  5. People v. Utter176 N.W. 424 (Mich. 1920)
  6. People v. Brown19 N.W. 571 (Mich. 1884)

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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