161 Mich. 111 | Mich. | 1910
Defendant, having been convicted in the recorder’s court of Detroit of the offense of manslaughter, and sentenced to confinement in the “State’s prison,” where he now is, has filed a petition, addressed to “the justices of the Supreme Court,” praying that we allow a writ of error in said cause, and a stay of the execution of sentence, and that he be admitted to bail pending the hearing and determination of his case in this court.
The authority for staying the execution of sentence, like the power to review, is purely statutory, and its exercise must depend on compliance with the requirements of the statute. See People v. West, 143 Mich. 587 (107 N. W. 283).
We there held that the statute has provided two ways by which a defendant may have his cause reviewed; one on exceptions before sentence, and the other by writ of error after sentence. In the former the sentence must be deferred and enlargement on bail permitted, provided a bill of exceptions, which the trial judge shall find to be true, shall be presented during the term at which he was convicted, and provided further that it shall not clearly appear to said judge that such exceptions are frivolous, immaterial, or intended only for delay. See 3 Comp. Laws, §§ 11964, 11965. Otherwise he must be sentenced. But if no bill of exceptions is presented, the defendant has the right after sentence to take a writ of error. This issues as a matter of course, and unless he desires an order staying execution of the sentence, and enlargement on bail, no allowance of said writ or other order is necessary. 3 Comp. Laws, §§ 10490, 1049,1; People v. West, supra.
It is under these sections that the present application is made; no bill of exceptions having been presented to the trial judge, and none being presented to us, and none having been prepared and settled. We held, in People v. West, supra, that there was an analogy between the
The defendant may, for any one of many reasons, fail to get a bill of exceptions that will present the points he seeks to raise. He may abandon his alleged intention to appeal, the judge may refuse to settle such a bill, and he may be warranted in such refusal by other portions of the record, only a part of which is set up in the affidavits.
Under a statute which puts it in the power of any circuit judge to enlarge a defendant whom another judge has deliberately sentenced, after overruling a motion for a postponement of sentence to permit a review of the case, on the express ground that it is intended only for delay, it is not to be supposed that such action was intended to be permitted after sentence upon any less showing than what was required to be presented to the trial judge to obtain a postponement of sentence and admit to bail.
There have been cases where writs of error have been allowed and orders staying proceedings and admitting to bailmade, before bills of exceptions were settled. That was the case in People v. Gotshall, afterwards heard on exceptions and reported in 123 Mich. 474 (82 N. W. 274);
We therefore refrain from a discussion of the question of our power as a court to act in these matters. We are very clear, however, that a judge of the circuit court or of this court should refuse to allow a writ of error, stay the execution of sentence, or admit to bail, unless presented with a certified copy of the bill of exceptions duly signed, or of the record in a case where a bill of exceptions is not required to raise the point relied on.
It will doubtless be urged that under prevailing methods time is necessary to obtain a bill of exceptions, and that in the meantime some prejudiced judge will be likely to “railroad ” to prison some innocent man, thus subjecting him to unnecessary inconvenience and ignominy. We
After a man has been convicted, the presumption of innocence, of which so much is made in our practice, attends him no longer. He has been convicted by a jury, and he has the burden of convincing the trial judge or some other judge that the record upon which he stands convicted is open to serious question, and to do this he must present the record to him, not affidavits of what the record is, and if his own convenience or that of his counsel does not permit him to do this without delay, or if his case is so apparently lacking in merit, or his proposed action so indicative of an intention only to delay, as to cause the trial judge to so certify, we know of nothing more for him to do but to submit to imprisonment until the necessary record can be completed. Such a practice, we think, will be conducive to a very necessary reform in the defense of persons charged with crime and productive of expedition in the punishment of guilty and the discharge of innocent persons — both matters of great public concern and unrest. It is a profound public conviction that courts of justice unnecessarily dally with the cases of persons charged with crime, and that public interests are made to yield to the convenience of counsel and the policy of delay so valuable to criminals and detrimental to the general welfare.
In a recent case a sentence “was pronounced on
The question raised here bears directly upon the matters of delay, and a questionable appeal. Already nearly three weeks have passed since defendant’s conviction. Within that time, a bill of exceptions should have been settled. The same material is brought before us in the shape of affidavits, on an application to stay the sentence and allow the defendant to go on bail, until in the process of time he shall have his counsel make a bill of exceptions which he can get the judge to sign, and which when made may or may not show the alleged errors set up in his affidavit, provided in the meantime he shall not abandon the project.
The application is denied. We will neither stay the sentence, admit to bail, nor allow the writ of error on tbia record.
I agree with the result reached by Justice Hooker in this case, but I am not prepared to say that a stay of sentence and admission to bail should in no case be allowed until a bill of exceptions is settled.