People v. Hancock, 328 Mich. 143

People v. Hancock

328 Mich. 143 | Mich. | 1950

Rehearing

On Rehearing.

Sharpe, J.

Judgment of conviction was affirmed in this case on January 9, 1950 (326 Mich 471). The Court divided 3 to 2 with Justices Carr, Butzel and Dethmers not participating in the decision. Re*144hearing was granted by virtue of the authority contained in CL 1948, § 601.5 (Stat Ann § 27.25), and the appeal was resubmitted and oral arguments had.

Upon rehearing I am convinced for the reasons expressed in my former opinion that the judgment should be affirmed. It is so ordered.

Boyles, C. J., and North, J., concurred with Sharpe, J.

Dissenting Opinion

Bushnell, J.

(dissenting). For the reasons stated in People v. Omacht, post, 145, I am unable to agree with the conclusion reached by Mr. Justice Sharpe.

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

Reid, J., concurred with Bushnell, J. Dethmers, Butzel, and Carr, JJ., did not sit.