Michigan Supreme Court, 1923

People v. Melovicz

People v. Melovicz
Michigan Supreme Court · Decided March 22, 1923 · Bird, Clark, McDonald, Moore, Sharpe, Steere, Wiest
221 Mich. 620; 192 N.W. 562; 1923 Mich. LEXIS 509

People v. Melovicz

Opinion of the Court

Fellows, J.

Defendant was convicted of a violation of the prohibition law and was sentenced in the alternative to pay a fine of $250 or to be confined in the Detroit house of correction for a period of 60 days. He paid the fine' and thereafter sued out this writ of error. In the recent case of People v. Ortwski, 220 Mich. 462, a similar situation was presented. We there held that the judgment having been satisfied by voluntary payment, the writ of error performed no function. That case is controlling here.. The writ of error must be dismissed.

Wiest, C. J., and McDonald, Clark, Bird, Sharpe;. Moore, and Steere, JJ., concurred.

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