Opinion
Docket No. 71, Calendar No. 42,952.
Decided January 9, 1950. Decided on rehearing June 27, 1950. Rehearing denied September 11, 1950.
Appeal from Ingham; Simpson (John), J., presiding. Submitted May 19, 1949. (Docket No. 71, Calendar No. 42,952.) Decided January 9, 1950. Submitted on rehearing April 14, 1950. Decided on rehearing June 27, 1950. Rehearing denied September 11, 1950.
Walter N. Stockfish and others were convicted of a conspiracy to corrupt the legislature of the State of Michigan by bribery. Affirmed.
Stephen J. Roth, Attorney General, Edmund E. Shepherd, Solicitor General, Daniel J. O'Hara, Assistant Attorney General, and Richard B. Foster, Special Assistant Prosecuting Attorney, for the people.
Stephen A. Majewski, for appellant Stockfish.
Stephen A. Majewski, George S. Fitzgerald, and Paul B. Mayrand, for appellant on second application for rehearing.
ON REHEARING.
This case on rehearing is controlled by People v. Hancock, 326 Mich. 471, 328 Mich. 143; People v. Omacht, 326 Mich. 505, 328 Mich. 145; and People v. Cooper, 326 Mich. 514, 328 Mich. 159.
REID and BUSHNELL, JJ., dissenting.
ON REHEARING.
On the original hearing in this Court and also in his motion for rehearing in this case, defendant Stockfish adopted and relied upon the record and briefs submitted by other appellants, particularly those of defendants Hancock, Cooper, Omacht, Kronk and Sumeracki.
On this rehearing we have again considered the contentions of the various appellants, and opinions have been submitted in which the respective convictions are affirmed. For applicable reasons contained in our opinions in the companion cases, particularly in the Hancock, Cooper and Omacht Cases, the conviction and sentence in the instant case are affirmed.
People v. Hancock, 326 Mich. 471, 328 Mich. 143. — REPORTER.
People v. Cooper, 326 Mich. 514, 328 Mich. 159. — REPORTER.
People v. Omacht, 326 Mich. 505, 328 Mich. 145. — REPORTER.
BOYLES, C.J., and SHARPE, J., concurred with NORTH, J.
DETHMERS, BUTZEL, and CARR, JJ., did not sit.
This defendant was one of the legislators indicted, convicted, and sentenced in the trial in which defendants Hancock, Omacht and Cooper were convicted. He adopted the briefs of the other appellants, and asks that the warrant and information be dismissed or a new trial granted.
Because of the views expressed in People v. Omacht, ante, 145, Stockfish also should be granted a new trial. His conviction should be reversed and a new trial ordered.
REID, J., concurred with BUSHNELL, J.