View source for People v. Frey (Michigan): March 29, 1897

The following legal case is one of the published, U.S., 19th-century appeals case reports that mention "buggery," "crime against nature," or "sodomy". 
For a chronological, annotated timeline of the 19th century U.S. cases that mention "buggery," "crime against nature," or "sodomy" see:  [[Timeline: Published U.S. State Appeals Case Reports, 1800-1899]]

=Published Decision of the Supreme Court of Michigan=

==PEOPLE  V. FREY<ref> This is the text of People v. Frey,  112 Mich. 251 (1897).  Also published at 70 N.W. 548 (1897)</ref>==

PEOPLE v. FREY.  

1. CRIMINAL LAW—THREATS—SUFFICIENCY OF INFORMATION.  An information alleging, in the language of the statute  (2 How. Stat. § 9093), that respondent maliciously threatened  to '' accuse " a designated person of a specified crime, with intent  to extort money, sufficiently shows a threat to prefer  charges against such person in some court.  

2. SAME—PROOF OF GOOD CHARACTER.  A witness who has testified to the good character of the respondent  may be asked on cross-examination if he has not  heard that respondent had attempted suicide.  

3. APPEAL—NEW TRIAL—ASSIGNMENTS OF ERROR.  Whether assignments of error based upon the denial of a  motion for a new trial are available to test questions raised  at the trial,—quaere.  

Exceptions before judgment from Calhoun; Smith, J  

Submitted February 4, 1897. Decided March 29,1897.  

Orin J. Frey was convicted of threatening to accuse  another of crime, with intent to extort money. Affirmed.  
Hulbert & Mechem, for appellant.  

A. W. Lockton, Prosecuting Attorney (O. Scott Clark,  of counsel), for the people.  

HOOKEK, J. The respondent was convicted of the  offense of maliciously threatening to accuse another of  crime, with intent to extort money.  

It is first urged by counsel for the appellant that the  information and the proof "fell short of charging or  proving a threat to prefer charges in some court, or  set in motion the criminal machinery of the State." The  language used in the information was, "did verbally,  unlawfully, and maliciously threaten to accuse,"etc., "of  

[End of page 251]

a crime, to wit, the crime of sodomy and bestiality,” etc.  This follows the language of the statute, and, under  many decisions, that is all that was necessary. There are many authorities that hold that the term “accuse”  means, in the law, “ t o charge with an offense judicially,  or by a public process.” This is Webster’s definition,  and that given in the text of the American & English  Encyclopedia of Law (2d Ed., Vol. 1, p. 481). If this is  the correct legal definition of the term, it must be given  that meaning in the statute. See 1 How. Stat § 2.  Indeed, counsel for the defendant must so contend in order  to sustain their point “that proof of a threat to accuse  judicially is necessary to establish the offense.” If they  are correct in this, it must be for the reason that the word  has this legal meaning, and it would seem to us that  the word might be given the same meaning in the information  as in the statute. So, although defendant’s counsel  may be right about this, the judge was justified  in allowing the case to go to the jury, as there was testimony  tending to show a threat to prosecute the complainant  for the crime.  

Complaint is made that the court permitted the jury to  find a verdict upon a mere threat to accuse publicly, but  we think not. That does not appear to have been a  mooted question. There are no requests to charge shown  upon the subject, and, in fact, the court told the jury  that it was for them " t o say whether he was threatened  with the criminal action, or not, of sodomy or bestiality."  The court's attention was not called to any omission by  an exception.  

We think the instructions upon the doctrine of "reasonable  doubt" sufficiently plain, and the definition of the  threatened crime sufficiently accurate for the purposes of the  case, and we are not disposed to interfere with the reasonable  exercise of judicial discretion in discussing the duties  and dangers of the jury room. We must take the  charge as certified to be accurate, and we are not disposed  to extend the effect of good character, as a defense,  

[End of page 252]

by denying to the prosecution a liberal cross-examination.  What effect, upon jurors' opinion of character, evidence  that the person whose character was under consideration  had attempted suicide, would have, would doubtless  depend upon circumstances; but we think it was  proper to show upon cross-examination that the witnesses  had heard it, as bearing upon the value of their testimony.  

A new trial was asked upon several grounds, the same  being set up as allegations of error in the motion. This  was denied, when specific exceptions and assignments of  error upon the various grounds were taken to the denial of a  new trial. Strictly speaking, these raise no questions upon  the proceedings at the trial, except by indirection. A  large discretion is confided to the circuit judge in motions  for new trial, and the extent to which assignments of this  character are available to test questions raised at the trial  may be a matter of doubt. But, as these assignments  have been treated as sufficient, we are not disposed to  question them, further than to call attention to a doubtful  practice.  

We are of the opinion that the trial was free from error,  and the conviction is therefore affirmed.  

The other Justices concurre.

=Link to the PDF of the Original Case Report=  

*[http://books.google.com/books?id=PUsaAAAAYAAJ&dq=editions%3Aio1w7bYb_OUC&pg=PA251#v=onepage&q=editions:io1w7bYb_OUC&f=false “People v. Frey", 112 Mich. 251 (1897)]

*[http://books.google.com/books?id=kQo8AAAAIAAJ&dq=editions%3ABPUimZqPx9cC&pg=PA548#v=onepage&q=editions:BPUimZqPx9cC&f=false “People v. Frey", 70 N.W. 548 (1897)]

=Downloads of PDFS of Page Images of Court Documents=

*[[Media: Frey_Brief_for_Respondent.pdf|Brief for Respondent]]

*[[Media: Frey_Brief_for_the_People.pdf|Brief for the People]]

*[[Media: Frey_Record.pdf|Record]]

Originals available from the Library of Michigan

==See also: [[Timeline: Published U.S. State Appeals Case Reports, 1800-1899]]==

=Notes=
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