Michigan Supreme Court, 1874

Lambert v. People

Michigan Supreme Court · Decided January 29, 1874 · Campbell, Christiancy, Cooley, Graves

29 Mich. 71; 1874 Mich. LEXIS 48

Cases that cite this one

24 later published cases cite this decision.

Carter v. C. F. Smith Co. (Mich. 1938)
People v. Woodward (Mich. Ct. App. 1970)
People v. Bonneau (Mich. 1948)
People v. Fitzsimmons (Mich. 1948)
In re Elliott (Mich. 1947)
State v. Harre (Vt. 1937)
People v. Nappo (Mich. 1930)
People v. Tobin (Mich. 1925)
People v. White (Mich. 1916)
Stewart v. State (Tex. Crim. App. 1907)
Bryan v. State (Fla. 1899)
Sullivan v. State (Neb. 1899)
State v. McCaffery (Mont. 1895)
Metropolitan Railroad v. Collins (D.C. Cir. 1893)
People v. Hicks (Mich. 1893)
Louisville, New Albany & Chicago Railway Co. v. Buck (Ind. 1889)
Passmore v. Passmore (Ind. 1888)
People v. Gage (Mich. 1886)
People v. Gardner (Mich. 1886)
People v. Murphy (Mich. 1885)
Driscoll v. People (Mich. 1882)
Cleveland v. Newsom (Mich. 1880)
People v. Marble (Mich. 1878)
Mabley v. Kittleberger (Mich. 1877)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Cooley, J.

Two objections are made to the conviction in this case:

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

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

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

The 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.

The judgment should be affirmed.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.