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06/04/34 PEOPLE v. RING

June 4, 1934

PEOPLE
v.
RING



SYLLABUS BY THE COURT

1. TRIAL -- EXCLUSION OF WITNESSES FROM COURTROOM -- ABUSE OF DISCRETION.

Denial of defendant's request for exclusion of witnesses from courtroom during trial on charge of indecent and obscene exposure of his person and that of others held, not an abuse of discretion (Act No. 328, Pub. Acts 1931, § 335).

2. EVIDENCE -- NUDIST CAMP -- INDECENT OR OBSCENE EXPOSURE.

Testimony as to what appeared to be improper conduct of a man and woman on premises operated as a nudist camp but not in presence of defendant operator thereof held, admissible as influencing jury's conception of designedly making "open or indecent exposure of his or her person or of the person of another" by showing the purpose and result of such exposure (Act No. 328, Pub. Acts 1931, § 335).

3. SEARCHES AND SEIZURES -- CURTILAGE -- OPEN LANDS.

The curtilage is immune to unreasonable search and seizure and while the term is not defined with exactitude there is drawn a distinction between the right of peace officers to invade one's house and one's lands as the Constitution does not guarantee the privacy of open lands (U.S. Const. 4th Am., Michigan Const. of 1908, art. 2, § 10).

4. -- CHARGE TO JURY -- TRIAL -- STATUTES -- EVIDENCE.

Office of charge to jury is to apprise jury of the questions involved and rules of law applicable in the light of the statute and testimony.

5. OBSCENITY -- NUDIST CAMP.

Evidence presented under charge of indecent or obscene exposure of one's own person or of the person of another held, sufficient to sustain conviction of defendant who operated a camp for nudists in a clearing of about three acres surrounded by second growth scrub oak about a mile and a half from a trunkline highway regardless of presence of persons whose sense of decency, propriety and morality is not offended (Act No. 328, Pub. Acts 1931, § 335).

6. OBSCENITY -- STATUTES.

It is unnecessary that the crime of designedly making an open and indecent or obscene exposure of one's person or that of others be particularly well defined (Act No. 328, Pub. Acts 1931, § 335).

The opinion of the court was delivered by: Bushnell

Appeal from Allegan; Miles (Fred T.), J. Submitted April 12, 1934. (Docket No. 156, Calendar No. ...


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