TABLE OF CASES,
REPORTED IN THIS VOLUME.
Conway et al. v. Township Bd.
Beeker et al., v. Hastings et al., 47
Blanchard, Gibbs et al. v., .
Board of Registration of Nan-
kin, People v.
Brackett v. Sears et al.,
Brooke v. G. Trunk R. R.
Burt et al., Case v.,
Campau et al., Duncan v.,
Campau . Shaw et al.,
Campau v. Van Dyke et al.,
Carpenter, Allen v.,
Covell v. Mosely et al.,
County Officers of St. Clair,
People v.,
Cromelein et al., Robinson v.,. 316
Danbury Bank, Dawson v.,
Davis et al., Ripley v.
Dawson, v. Danbury Bank,
De Mill et al., People v.,
De Mill et al., People v.,
Detroit and Milwaukee R. R.
Co. v. Adams et al.,
Dewey v. City of Detroit,
Duffield . City of Detroit,
Duncan v. Campau et al.,
Fifield v. Close,
OCTOBER TERM, 1866, AT DETROIT
Charles Rice and another v. The People.
Informations in Criminal Cases: When more than one filed: Rights of prisoner:
Practice. The Prosecuting Attorney put on file two informations in the
same case, one of which did not contain certain words supposed to be
essential in charging the offense, whilst the other was deemed correct.
The party was tried on the latter, but the former was copied into the
record by the Clerk, in making his return. It was proposed to establish
these facts by affidavits. Held, that it does not rest with the Prosecuting
Attorney to say which shall be considered as the record in the case, but
that all doubts on the subject should be solved in favor of the prisoner,
Held, further, that the return filed in this Court was the proper record on
which the argument must be had.
Jurat signed by initials. Statutory offense, how described. The information in
this case charged defendants below with an assault "with intent to kill
and murder," omitting the words "feloniously, wilfully, and of malice
aforethought." It was sworn to before the County Clerk, who in signing
the jurat gave the initials only of his christian name. Held, that the
signing by the Clerk was sufficient, and that the decisions in this State
under certain election cases, declaring that when such initials were used it
was no name, would not be extended to embrace other cases.
Held, fur-
ther, that the offense being a statutory one, was sufficiently charged in
the words of the statute.
Heard October 25th. Decided October 30th.
Error to Oakland Circuit.
The information in this case charged plaintiffs in error with having assaulted, with intent to kill and murder, one Charles Parsons. The information was sworn to before the Clerk who signed his name as follows: "J. D. Bateman, Clerk."
A plea of not guilty was entered. The jury brought in a verdict of guilty, and sentence was passed.
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