Lambert v. People

Decided January 29, 1874

Michigan Supreme Court · decided 1874-01-29

<p>Informations: Verification: Waiver. An objection to the verification of an information, not made until after the jury is sworn, comes too late.</p> <p>Complaints: Statements: Bes gestee: Evidence. Immediate complaints made of .a crime of violence are to be regarded as a part of the res gestee ; and the admission of statements of that nature in evidence is not error.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1874-01-29

How this case has been cited

Cited by 20 later decisions — most recently December 1948

20 state decisions

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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Cooley, J.

¶1Two objections are made to the conviction in this case:

¶2First. That the affidavit by which the information was verified was insufficient;

¶3Second. That evidence was permitted to be given to show what the prosecutor said immediately after the time he claimed to have been robbed.

¶4The objection to the verification of the information was not made until after the jury was sworn, and came too late.

¶5The objection to the evidence was not well taken. The prosecutor swore to being knocked down and robbed, and other witnesses who came up immediately, were allowed to testify that he then told them he had been robbed. It all occurred, according to the testimony, within three minutes of the time when the offense was committed. Sucb an immediate complaint made of a crime of violence must be regarded as a part of the res gestee.

¶6The judgment should be affirmed.

Campbell, J., and Graves, Ch. J., concurred.Christiancy, J., did not sit in this case.