Western Reporter Volume 3

Western Reporter Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...grand jury" in it. His attestation imports verity and cannot be impeached bv mere or pa/rte affidavits filed in the clerk's office. They constitute no part of the record and cannot be considered b this court. But aside fzom this view, the court does not wish to be understood as holding or even intimating that the original transcript of the record wns so defective it would not sustain the conviction. The context shows plainly, and correctly readit means, "came the grand jury" into open court to present indictments, and that is sufficient. The objection taken to the record in this respect is too subtle to be entertained by this court. No error is (perceived in the record that in the slightest egree afiects the merits of the case, and the judgment of the Circuit Court must be affirmed. Judgment afliz-nwd. Company declared forfeited. The questions presented are stated in the opinion. Messrs. Bull, St: -awn & Ruger, L. W. Brewer and C. Beckwith, for appellants: Demurrer admits every material allegation of the information properly pleaded. In People v. lllayworm, 5 Mich. 148, the Supreme Court of Michigan says: "The rule is well settled, that when the State calls upon an individual to show his title to an office, he must show the_ continued existence of every qualification necessary to the enjoyment of the offlce. The State is bound to make no showing, and the defendant must make out an undoubted case." In People v. Jile0, 2 Gibbs (Mich.), 350, the court says: "The defendant is required to set forth the facts which constitute his own title specifically by plea." The following cases also refer to the form of the information in quo mrzrranto proceedings, from which it will be seen that if the...show more

Product details

  • Paperback | 940 pages
  • 189 x 246 x 47mm | 1,642g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236772458
  • 9781236772459