39 MICH 57 - Brown v. People

How this case has been cited

Cited by 4 later decisions — most recently March 1907

4 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.

Cooley, J.

¶1In Nelson v. The People, 38 Mich., 618, disposed of at the last term, I expressed the opinion that where a party is convicted in a court of record of an offense for which he might have been tried in justice’s court, it was not competent for the court to impose upon him a sentence more severe than could have been imposed had he been tried in justice’s court. This case is one of that class; the offense being assault and battery, and the punishment for that offense, when imposed by a justice of the peace, being limited to three months.

¶2The sentence imposed by the Recorder is of imprisonment for one year. By statute — Comp. L., § 7998 — a sentence merely excessive is to be reversed for the excess only, and this should therefore be affirmed as a sentence for three months only, and reversed as to the remainder.

Campbell, C. J., concurred.Graves, J.

¶3Whilst 1 am not clear that the view here taken is correct, I am not prepared to say it is wrong, .and therefore I concur.

Marston, J., concurred.