Alma record. (Alma, Mich.) 1878-1928, 1903-02-13
THE NELSON CASE
OUT OF COURT.
Judge Dodds Decided that it was
not Within Jurisdiction of
Gratiot.
IT IS PROBABLE CASE
WILL NOT END HERE.
Nelson's Attorneys Elated over Out
come. and Prepared for Future
Action.

aroused considerable interest in this
county since about one year ago, came
up for trial in the circuit court on Tues
day last, Judge Dodds, Of Isabella
circuit, sitting as judge.
A few Of the facts may not be out Of
place at this time, as there seems to be
more or less confusion in the minds Of
the people concerning the sudden termi-
nation of this case by Judge Dodds on
account of lack Of jurisdiction.
The prosecution was brought under
Sec. 1906, of the Compiled Laws Of 1897.
as follows: when any property shall
be stolen in one county and brought into
another. the offender may be indicted,
tried and convicted in the county into
which such stolen property was brought,
in the same manner as if such property
had been originally stolen in that county
and when such property shall have been
taken by burglary or robbery the offender
may be indicted, tried and convicted Of
such burglary or robbery, in the county
into which such property was brought,
in the same manner as II such burglary
or robbery had been committed in that
county"
In order that proper understanding
of the ruling of the court may be had, it
will be necessary to explain that burg.
larry has a certain specific meaning in
law, to.wit By burglary is meant, 1.-The
breaking or entering Of dwelling house,
in the night time, with the intent TO
commit the crime Of rape, robbery or
other felony" Bear in mind that to con
stitute burglary there must be felon
Gus breaking and entry into dwelling
house-that is where the people live or
reside.
The warrant and information in this
case charged that Nelson and Marble
broke into and entered a store, not ad-
joining to or occupied with a dwelling
house and that two single harness in
the store were stolen and brought into
! this county.
1t was the theory Of the prosecution
/ that Marble either alone or in company
with one James Hazard, broke and en-
tered the store at Pleasant Valley, Mid.
county, and stole the harness in the
night of January 1, 1902, and that after
wards on or about the cath of January
1902, William Marble brought the har-
ness to Nelson, and not finding Nelson
at home, hid them in an old barn nearly
mile north of Nelson's, on the farm of
one Phelps, who resides in Elwell.
1t was not contended that Nelson had
any part in the actual breaking and
entry or in the larceny, or in the bring
ing of the harness into this county, but
that Nelson was accessory before the
fact, that is that he had counseled and
advised the transaction during the month
of November and preceding the com.
mission Of the offense.
On the opening oil the trial, the de-
fendant Nelson, was represented by
Bert Hayes, an attorney of Alma, and
A. A. Ellis, of Ionia, as counsel.
In the opening, counsel for defendant
objected that the information was not
valid first, for the reason that the larceny
charge in the second count in the infor.
nation did not allege any larceny to
have been committed in this county, i.e.,
in the jurisdiction of this court; second
that as to the count for burglary, that
that section Of the law was unconsti.
tional, in that il deprived the accused
Of trial by the jury of the county
where the offense was committed, that
the crime of breaking and entering the
store was complete in Midland county
and that the Legislature could not pro.
vide for a trial for said offense in another
county than the one where the actual
breaking and entry was committed.
Judge Dodds seems TO have sustained
the first objection, but as to the second,
he held the statute 20 be valid, but ruled
thar il did not provide for a trial in this
county for the reason that, the breaking
and eutry Of store was not burglary
or robbery, and hence the statute was
not applicable in this case and did not
authorize the commencement Of prose.
cution of this case in this county for the
breaking OF and entry as set forth in
this first count in the information in
this case.
This not being necessarily a final ter.
Continued on Fourth Page.