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PEOPLE v. SUMERACKI

Docket No. 68, Calendar No. 42,922.

328 Mich. 164 (1950)

43 N.W.2d 315

PEOPLE v. SUMERACKI.

Supreme Court of Michigan.

Decided on rehearing June 27, 1950.

Rehearing denied September 11, 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.

Frank G. Schemanske, for appellant Sumeracki.

Thaddeus Machrowicz, George S. Fitzgerald, and Paul B. Mayrand, for defendant on second application for rehearing.

REID, J. (dissenting).

In this matter defendant was entitled to a rehearing upon his application by virtue of the provisions of CL 1948, § 601.5 (Stat Ann § 27.25), because the case was heard by a quorum of 5 justices only and there was a dissenting opinion.

A rehearing has been granted and upon such rehearing I do not concur in the opinion filed by my Brother Mr. Justice BOYLES and my reasons for not concurring are the same as recited in...

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