215 Mich. 267 | Mich. | 1921
An information was filed in the Ingham circuit court charging defendant with having had un
“Section 1. A writ of error may be taken by and on behalf of the people of the State of Michigan from any court of record in said State direct to the Supreme Court thereof, in all criminal cases, in the following instances, to-wit:
_ “(a) From a decision or judgment quashing or setting aside any indictment or information, or any count thereof, where such decision or judgment is based upon the invalidity or construction of the statute upon which such indictment or information is founded.
“(b) From a decision arresting a judgment of conviction or directing a judgment of acquittal for insufficiency of the indictment, where such decision is based upon the invalidity or construction of the statute upon which such indictment or information is founded.
*269 “(c) From the decision or judgment sustaining a special plea in bar, when the defendant has not been put in jeopardy.” .
It is obvious from the provisions of the act that the legislature contemplated the issuance of a writ of error in behalf of the people only when the indictment was attacked upon the ground of the invalidity or construction of the statute upon which the indictment was based. In the present case the indictment was not attacked and the validity of the statute was in no way questioned. The ground upon which the judgment of conviction was attacked was the fact that the conviction was brought about by-evidence illegally obtained. It was shown without question that the officers disobeyed the plain provisions, of the statute in obtaining the evidence. Without this illegal evidence there was not sufficient proof to. sustain the indictment. By reason of this, we think: defendant’s point is well taken; that we have no jurisdiction to consider the assignments.
The writ of error will be dismissed.