Brown v. People
Cases that cite this one
3 later published cases cite this decision.
- In re Kenney (Mich. 1907)
- In re Harney (Mich. 1903)
- Gordon v. People (Mich. 1880)
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
In 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.
The 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.
Whilst 1 am not clear that the view here taken is correct, I am not prepared to say it is wrong, .and therefore I concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.