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1 McGrath 249

Avery v. Circuit Judge

Michigan Supreme Court

Decided March 9, 1894

Michigan Supreme Court · decided 1894-03-09

Decided 1894-03-09

¶1To vacate an order quashing an information.

¶2Granted March 9, 1894.

¶3Respondent returned that he quashed the information as to the assault with intent to commit the crime of murder, because the complaint and warrant did not state or point out with sufficient certainty the person intended to be murdered, and as to the count charging' an assault with intent to do great bodily harm less than the crime of murder, the complaint and warrant charged nothing beyond assault and battery.

¶4The complaint charged that “on'etc., at etc., Ferguson Landon did assault one Henry Burns, with intent to commit the crime of murder by then and there shooting said Burns'with a shotgun.”

¶5The language of the warrant followed that of the complaint.

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