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111 Mich. 346

People v. Grant

Michigan Supreme Court

Decided December 24, 1896

Michigan Supreme Court · decided 1896-12-24

Exceptions before judgment from Lenawee; Lane, J. Charles G. Grant was convicted of an indecent assault upon a female child under the age of 14 years.

Relies on Wellar v. People · People v. Hess · People v. Deitz

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1896-12-24

How this case has been cited

Cited by 7 later decisions — most recently December 1945

7 state decisions

20189619001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Montgomery, J.

¶1Respondent was convicted of an indecent assault upon a female child under the age of *34714 years. The name of the mother of the girl claimed to have been assaulted^appeared upon the information, and respondent, on the trial, after the people had rested their case, asked to have her placed upon the stand. The witness' was present in court, and the court stated to the prosecutor: “You are not called upon to examine her; but, if the defense desires her, I think the prosecution should have her here, so she can be produced.” We think no error was committed in declining to require the prosecution to swear the witness. Counsel refer to the case of People v. Deitz, 86 Mich. 430; but in that case the witness was a res gestee witness. See Wellar v. People, 30 Mich. 22; People v. Kindra, 102 Mich. 150; People v. Wright, 90 Mich. 362.

¶2Complaint is made of language employed by the prosecutor, which need not be set out at length. It is sufficient that the court immediately stated, in the presence of the jury, that the language should not have been used, and it was not of such a nature as, in view of this statement of the court, we think, worked any prejudice with the jury. See People v. Gosch, 82 Mich. 22; People v. Hess, 85 Mich. 128; People v. Case, 105 Mich. 92.

¶3The conviction will be affirmed.

The other Justices concurred.
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