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eBook details

• Title: People v. Spence
• Author : Supreme Court of Michigan
• Release Date : January 02, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Ralph Spence was convicted of negligent homicide. Reversed, and new trial ordered. NORTH, J. The defendant, Ralph Spence, was convicted of negligent homicide upon trial by jury. The case is before this court on writ of error. The first question raised and discussed in the briefs is the right of the trial court to permit an amendment of the information. The complaint made charged the defendant substantially in the terms of the statute with being guilty of involuntary manslaughter and negligent homicide, setting forth the time and place of the alleged offense and that it resulted in the death of one Helen Reed. After examination the defendant was bound over for trial in the circuit court. The information as first drawn and filed followed the complaint. On the day of the trial and before proceeding to impanel the jury, upon motion of the prosecuting attorney, the circuit Judge permitted an amendment of the information by setting forth the negligent homicide charge with greater particularity, in that the amendment set forth the specific acts which the prosecuting attorney claimed constituted the carelessness, recklessness, and negligence with which defendant was charged incident to operating his automobile. Defendant's counsel objected to the proposed amendment on the ground that the information before amendment did not charge any offense and that the accused had not had an examination on the offense charged in the amended information. Defendant did not ask for a postponement or a continuance of the trial, nor did he ask that the case be remanded to the magistrate for further examination. The code of criminal procedure provides:

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