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People v. Shea

Supreme Court of Michigan
Jan 9, 1950
43 N.W.2d 313 (Mich. 1950)

Opinion

Docket No. 69, Calendar No. 42,923.

Decided January 9, 1950. Decided on rehearing June 27, 1950.

Appeal from Ingham; Simpson (John), J., presiding. Submitted May 19, 1949. (Docket No. 69, Calendar No. 42,923.) Decided January 9, 1950. Submitted on rehearing April 14, 1950. Decided on rehearing June 27, 1950.

Henry F. Shea 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.

Roy T. Conley, for appellant Shea.


ON REHEARING.

This case is controlled by People v. Hancock, 326 Mich. 471; People v. Omacht, 326 Mich. 505, 328 Mich. 145; People v. Cooper, 326 Mich. 514, 328 Mich. 159; People v. Shea, 326 Mich. 526.

REID and BUSHNELL, JJ., dissenting.


Following our affirmance of defendant's conviction and sentence (See 326 Mich. 526), his application for a rehearing accompanied by a brief in support thereof was granted and oral argument allowed. However at such rehearing no further brief in behalf of defendant was submitted, nor was any oral argument made on the rehearing in support of his claims of error previously asserted. Nonetheless we have again considered the reasons and grounds for reversal set forth in defendant's brief filed on the original hearing and also those set forth in his motion and brief for a rehearing.

Notwithstanding a brief has not been filed nor oral argument made in behalf of defendant, it is quite obvious that, as previously urged, he contends he should be granted a new trial because: (1) The verdict was contrary to the great weight of evidence (evidently meaning insufficient to establish defendant's guilt beyond a reasonable doubt), and (2) That prejudicial error was committed by the special prosecutor's disparagement of appellant and his counsel. Defendant also relies upon errors asserted and briefed in behalf of codefendants Cooper, Hancock and Omacht.

Our reconsideration of this case in each of the above respects discloses nothing which would justify a departure from our former conclusion that defendant's conviction and sentence should be affirmed. The reasons for our present decision adequately appear in our former opinion in the instant case and in our earlier opinions affirming the conviction of the respective defendants in the noted companion cases, as well as in our opinions on rehearing in the Cooper Case and in the Omacht Case, handed down herewith.

People v. Shea, 326 Mich. 526. — REPORTER.

People v. Hancock, 326 Mich. 471; People v. Omacht, 326 Mich. 505; People v. Cooper, 326 Mich. 514. — REPORTER.

People v. Cooper, 328 Mich. 159. — REPORTER.

People v. Omacht, 328 Mich. 145. — REPORTER.

Our former affirmance of defendant's conviction and sentence is reaffirmed.

BOYLES, C.J., and SHARPE, J., concurred with NORTH, J.


For the reasons stated in People v. Omacht, ante, 145, I am unable to agree with the conclusions reached by Mr. Justice NORTH.

The conviction should be set aside and a new trial should be granted.

REID, J., concurred with BUSHNELL, J.

DETHMERS, BUTZEL, and CARR, JJ., did not sit.


Summaries of

People v. Shea

Supreme Court of Michigan
Jan 9, 1950
43 N.W.2d 313 (Mich. 1950)
Case details for

People v. Shea

Case Details

Full title:PEOPLE v. SHEA

Court:Supreme Court of Michigan

Date published: Jan 9, 1950

Citations

43 N.W.2d 313 (Mich. 1950)
43 N.W.2d 313

Citing Cases

People v. Shea

Decided January 9, 1950. Rehearing granted February 28, 1950. See 328 Mich. 166. Henry F. Shea and others…