People v. Kennedy

In People v. Kennedy, 58 Mich. 372, 377; 25 N.W. 318 (1885), the defendant accused of the misdemeanor of selling liquor to an habitually intoxicated person demanded and was afforded a jury trial. Once convicted, the justice of the peace presiding over the trial imposed the per diem allowance given to each juror as part of the defendant's fine. Id. The Michigan Supreme Court reversed on other grounds, but noted, "It costs a litigant in a civil cause only three dollars for a jury trial, and certainly it would be monstrous to establish a practice of punishing persons convicted of misdemeanors for demanding what the Constitution of the State gives them--a trial by jury." Id.