People v. Smith
People v. Smith
Opinion of the Court
Respondents are jointly informed against, charged with stealing money from the person of one William Harris, June 8,1916. They were tried together, the trial beginning October 14, 1916, and were found guilty. The record of the judgment is not before us. It is recited in the printed record that they “were sentenced from six to nine months in the Detroit House of Correction,” but when they were sentenced is not apparent. Another recital is to the effect that on January 19, 1917, “the court denied motion for new trial, and denied motion to admit to bail.”
“We, therefore, respectfully submit to this court that, there being no evidence in the record to connect Mabel Garson with the offense charged, she should be discharged, and that in view of the failure of Nellie Smith to have testimony of the witnesses to the alibi produced a new trial should be granted.”
It is not claimed that any newly-discovered evidence was, upon the motion for a new trial, brought to the attention of the court, but some affidavits were used upon the motion, and it is to these that the foregoing statement of respondents’ contention refers.
In o'utline, the testimony for the people tended to prove that Harris, the complaining witness, and a friend, walking on the evening of June 8th at or near the corner of Hastings and Clinton streets in Detroit, were, or Harris was, accosted by one of the respondents, who were in company. She (both say it was Nellie Smith) expressed a desire to speak to Harris, and they (Harris'and Smith) went into “a sort of doorway,” when, after talking “a half minute,” some one said, “Beat it.” The women ran one way; Harris and his companion the other way. “I got about a half a block, and I felt around for my money, and I saw it was lost.” This from Harris. Later, that evening, he found $5 on the ground at the doorway. In all $60 was taken from his person. No one of the party except Nellie Smith could have taken the money from his person, and if Mabel Garson may be rightfully found guilty, it is because the testimony shows the women to have been in company, and in agreement
Reversible error is not made out.
Reference
- Full Case Name
- PEOPLE v. SMITH
- Status
- Published