People v. Luby
Cases that cite this one
7 later published cases cite this decision.
- People v. Rodriguez (Colo. 2005)
- People v. Antkoviak (Mich. Ct. App. 2000)
- People v. Bettistea (Mich. Ct. App. 1988)
- Attorney General Ex Rel. O'Hara v. Montgomery (Mich. 1936)
- People v. Henderson (Mich. 1929)
- Hill v. State (Okla. Crim. App. 1910)
- People v. Warren (Mich. 1899)
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
The respondent was convicted in the Recorder’s Court of Kalamazoo of a criminal assault and battery, on a trial by a jury of six. He demanded a jury of twelve.
Twelve is the constitutional number of jurors in this State. Hill v. People 16 Mich. 351. The Constitution makes an exception for courts not of record (Art. 6, § 28); but by the statute creating the Recorder’s Court of Kalamazoo, it is expressly declared to be a court of record. Local Acts 1883, [No. 337], pp. 677, 694. It does not therefore come within the exception.
The conviction must be quashed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.