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235 Mich. 340

209 N.W 81

People v. Miller

Michigan Supreme Court

Decided June 7, 1926

Michigan Supreme Court · decided 1926-06-07

Relies on Ker v. People of the State of Illinois · People v. Cutler · In re Little

Good law ✅— No negative treatment on recordhow we know

Decided 1926-06-07

How this case has been cited

Cited by 5 later decisions — most recently December 1967

5 state decisions

2019261930194019501960decided

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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*341 Clark, J.

¶1 Defendant was convicted of violating, as a first offense, Act No. 231, Pub. Acts 1925, being an act to provide for the repression of prostitution.

¶2 Defendant, on error, contends that her arrest, without warrant, was illegal for the reason that, if offending, she was guilty of but a misdemeanor and was taken in no breach of the peace. The arrest was followed by complaint and warrant, under which she was held. It is not urged that evidence against her was obtained by or because of the arrest. The contention is, barely, that she should have been discharged because the arrest was illegal.

¶3 Defendant was charged and held on complaint and warrant that are regular. In the trial itself she suffered no prejudice, and was deprived of no right to which she was lawfully entitled because of the arrest. If the arrest was irregular she was not thereby given the right to say that she should not be tried at all. Ker v. Illinois, 119 U. S. 436 (7 Sup. Ct. 225); 16 C. J. p. 175; In re Little, 129 Mich. 454 (57 L. R. A. 295).

¶4 The contention that cross-examination of defendant, for the purpose of impeachment, relative to her having been convicted of other offenses ought not to have been permitted, is answered by People v. Cutler, 197 Mich. 6; People v. Frontera, 223 Mich. 258; Van Goosen v. Barlum, 214 Mich. 595.

¶5 Judgment affirmed.

Bird, C. J., and Sharpe, Snow, Steere, Fellows, Wiest, and McDonald, JJ., concurred.
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