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44 Mich. 488

People v. Dowd

Michigan Supreme Court

Decided October 27, 1880

Michigan Supreme Court · decided 1880-10-27

<p>Objections to criminal complaint — Exclusion of evidence.</p> <p>Objections to a criminal complaint or warrant cannot be raised for the first time when the respondent is called upon to plead to an information for the offense charged therein, if he was examined upon the charge contained in them without objection before being bound over.</p> <p>A motion to strike out evidence is properly denied if it covers any that is competent.</p>

Good law ✅— No negative treatment on recordhow we know

Exceptions overruled · Decided 1880-10-27

How this case has been cited

Cited by 7 later decisions — most recently September 1968

7 state decisions

10188018901900191019201930194019501960decided

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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Marston, C. J.

¶1Whether the respondent in this case could have interposed a valid objection in the police court to the complaint and warrant under which he was arrested, or either of them, either in form or substance, we need not determine. An examination was had without objection and the respondent held for trial, and we are of opinion that he could not for the first time raise such objections when called upon to plead to the information, as the charge contained in the information was embraced in the complaint and warrant and covered by the examination.

¶2The motion made to strike out the testimony of certain of *489the witnesses was properly denied, as the evidence given, in part at least, was competent as against the respondent, and .the motion to strike out included this also. The court also properly refused to withdraw the case from the consideration of the jury.

¶3We discover no error in the record and it must be so certified to the Recorder’s Court.

The other Justices concurred.
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