PEOPLE v. OMACHT

Docket No. 66, Calendar No. 42,920.

328 Mich. 145 (1950)

43 N.W.2d 305

PEOPLE v. OMACHT.

Supreme Court of Michigan.

Decided on rehearing June 27, 1950.


Attorney(s) appearing for the Case

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.

James E. Haggerty (Hugh V. Williams, of counsel), for appellant Omacht.


BUSHNELL, J. (dissenting).

Rehearings were granted in this and the related cases because of the statutory requirement. CL 1948, § 601.5 (Stat Ann § 27.25) reads in part:

"Whenever there shall be filed a dissenting opinion in a case heard by a quorum of 5 justices only, the parties therein shall have a right to a rehearing before the entire bench upon making a proper application therefor."

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