ANNUAL REPORT, 1909. STATE OF MICHIGAN, To the Legislature of the State of Michigan: In compliance with the law, I have the honor herewith to present the annual report of the business of this department for the fiscal year ending June 30, 1909, including official opinions and an abstract of the official reports of the prosecuting attorneys of the counties of the State, showing the number of prosecutions, convictions, acquittals, etc. Four indexes are included: a "Table of Cases" an "Index of Names of Opinions," "Subjects of Opinions," and "General Index to Report." The various matters contained in this report are arranged as Schedules "A" to "S," inclusive and classified as follows: SCHEDULE A.-Statement of criminal and habeas corpus cases and certiorari to review habeas corpus cases. SCHEDULE B.-Statement of mandamus cases and a prohibition case. SCHEDULE C.-Statement of quo warranto cases and certiorari to review quo warranto cases. SCHEDULE D.-Statement of chancery cases in state courts and cases in equity in United States courts. SCHEDULE E.-Statement of proceedings for the collection of escheated estates. SCHEDULE F.-Statement of inheritance tax proceedings: 1st. Inheritance tax cases disposed of. 2d. Inheritance taxes determined but not paid or only partially paid also showing cases where Lis pendens has been filed to secure payment of tax and amounts of tax now due. 3d. Inheritance tax cases pending. SCHEDULE G.-Statement of insane cases, containing: (a) statement of money collected and paid to the state, through efforts of attorney general, with the co-operation of medical superintendents of various asylums and judges of probate as reimbursement to the state for the support of certain insane persons at state asylums, (b) statement of proceedings for reimbursement, (c) statement of proceedings for deportation and importation of insane persons. SCHEDULE H.-Statement of assumpsit cases, disbarment proceedings, ejectment, replevin and miscellaneous cases. SCHEDULE I.-Statement of amounts received as costs of suits, etc. SCHEDULE J.-List of insurance companies whose articles of associa tion, amendments to articles of association, etc., have been approved, and a statement of the amount of money received as approval fees and paid to state treasurer. SCHEDULE K.--Summary-statement from Schedules D. E. G. H. I. J. amounts collected and paid to the state through this department, also including the sum received as fees for approving articles of association, etc., of insurance companies, for the fiscal year ending June 30, 1909. SCHEDULE L.-Official opinions of the attorney general. SCHEDULE M.-Abstract of the semi-annual reports of the prosecuting attorneys of the official business of the various counties, for the fisca! year ending June 30, 1909, and SCHEDULE N.-Recapitulation of the semi-annual reports of the prosecuting attorneys of the official business of their respective counties, during the fiscal year ending June 30, 1909. SCHEDULE O.-List of prosecuting attorneys, by counties, with name of county seat and address of prosecutor. SCHEDULE “A.” Statement of criminal and habeas corpus cases and certiorari to review habeas corpus cases. CRIMINAL CASES DISPOSED OF. SUPREME COURT. People v. Frank A. Lamb and Floyd E. Winter. Exceptions from Montcalm. Conspiracy to defraud. Submitted Nov. 15, 1907; re-argued (by order of the court) June 2, 1908. Affirmed, July 13, 1908. Motion for rehearing submitted, Sept. 8 and denied Sept. 10, 1908. 117 N. W. 539; 153 Mich. 675. People v. Charles Owen. Error to recorder's court of Detroit. Assault with intent to commit murder. Submitted, June 12. Affirmed, Nov. 30, 1908. 118 N. W. 590; 154 Mich. 571. People v. George North. Exceptions from Ingham. Violation of liquor law. Submitted, May 7, 1908. Reversed, July 13, 1908. 117 N. W. 63; 153 Mich. 612. People v. Philip Boos, Sr. Error to superior court of Grand Rapids. Selling liquor without paying tax. Submitted, Nov. 19, 1908. Affirmed, February 2, 1909. 15 D. L. N. 1048; 120 N. W. 11. People v. Fahle Burman, Albert Manio, Paivio Sirvio, Charles Waali, Fred Helander, Louis E. Henderson, Charles Ahonen, Leo L. Kaukki, Nick Tietavainen, Frank Aaltonen. Error to Houghton. Convicted of violating city ordinance in breaking the peace. Submitted, June 12, 1908. Affirmed, Sept. 10, 1908. 117 N. W. 589; 154 Mich. 150. People v. Edwin L. White. Exceptions from Clinton. Burglary. Submitted, May 7, Affirmed, July 13, 1908. 117 N. W. 161; 153 Mich. 617. People v. Harlow R. Greene. Detroit. Assault and battery. March 3, 1909. 119 N. W. 1087. Exceptions from recorder's court of People v. Julius Van Driesche. Error to recorder's court of Detroit. Assault with intent to do great bodily harm less than the crime of murder. Submitted, June 12. Affirmed, September 10, 1908. 117 N. W. 587; 154 Mich. 158. People v. Alex Dow. Error to recorder's court of Detroit. Convicted of driving a motor car at a rate of speed exceeding eight miles an hour. Submitted, Nov. 19. Affirmed, December 14, 1908. 118 N. W. 745. People v. William Andre. Exceptions from Eaton. Obtaining money by false pretenses. (No. 22, 845). Submitted, June 12. Reversed, July 1, 1908. 117 N. W. 55; 153 Mich. 531. People v. Frank L. Hoffman. Exceptions from St. Clair. Simple assault. Submitted, June 11. Affirmed, Sept. 10, 1908. 117 N: W. 568; 154 Mich. 145. People v. Louis Moore. Exceptions from Livingston. without having paid the tax. 1908. 118 N. W. 742. Selling liquor Submitted, Nov. 19. Affirmed, Dec. 14, Error to Emmet. Assault and battery. Affirmed, April 28, 1909. 16 D. L. N. 175; People v. John J. Reycraft. Submitted, Februray 11. 120 Mich. 993. People v. Charles Clark. Error to recorder's court of Detroit. Murder. Submitted, February 11. Reversed and new trial ordered, March 3, 1909. 15 D. L. N. 1125; 119 N. W. 1094. Sub People v. Max Minney. Error to Berrien. Maiming a horse. mitted, Nov. 19, 1908. Reversed and new trial ordered, March 3, 1909. 15 D. L. N. 1094; 119 N. W. 918. People v. George F. Stickle. Exceptions from superior court of Grand Rapids. Wife desertion. Submitted, February 11. Reversed and new trial granted, May 25, 1909. 16 D. L. N. 204; 121 N. W. 497. People v. Andrea Vitali. .Error to recorder's court of Detroit. Murder in second degree. Submitted, February 11. Affirmed, April 24, 1909. 16 D. L. N. 140; 120 N. W. 1003. (see also In re Vitali, habeas corpus, in this report.) People v. Elmer Klise. Error to Emmet. Assault with intent to do great bodily harm less than the crime of murder. Submitted, February Conviction set aside and new trial ordered, April 24, 1909. D. L. N. 131; 120 N. W. 989. 11. 16 People v. John Coffey. Exceptions from Charlevoix. Convicted of having undersized white fish in his possession in violation of P. A. SS of 1899, Sec. 2. Submitted, Nov. 19. Affirmed, December 18, 1908. 15 D. L. N. 947; 118 N. W. 732. |