179 N.W.2d 206 (Mich.App. 1970), 5521, People v. Wolff

Docket Nº:Docket No. 5521.
Citation:179 N.W.2d 206, 23 Mich.App. 550
Opinion Judge:PER CURIAM.
Party Name:PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Howard WOLFF, Defendant-Appellant.
Attorney:George W. Schudlich, Detroit (Edward P. Echlin, Detroit, of counsel), for defendant-appellant. Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Gahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Patricia J. Pernick, Asst. Pros. Atty., for plaintiff-appellee.
Judge Panel:[23 Mich.App. 551] Before LESINSKI, C.J., and QUINN and V. J. BRENNAN, JJ.
Case Date:April 30, 1970
Court:Court of Appeals of Michigan
 
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Page 206

179 N.W.2d 206 (Mich.App. 1970)

23 Mich.App. 550

PEOPLE of the State of Michigan, Plaintiff-Appellee,

v.

Howard WOLFF, Defendant-Appellant.

Docket No. 5521.

Court of Appeals of Michigan, Division No. 1.

April 30, 1970

Released for Publication Sept. 10, 1970.

Leave to Appeal Denied Sept. 22, 1970.

George W. Schudlich, Detroit (Edward P. Echlin, Detroit, of counsel), for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Gahalan, Pros. Atty., Dominick R. Carnovale, Chief, Appellate Div., Patricia J. Pernick, Asst. Pros. Atty., for plaintiff-appellee.

[23 Mich.App. 551] Before LESINSKI, C.J., and QUINN and V. J. BRENNAN, JJ.

PER CURIAM.

On leave granted, defendant appeals his 1953 conviction and sentence for first degree murder. The issue which controls

Page 207

the decision on this appeal is properly stated by the people as:

'Did the trial court commit reversible error in allowing statements of the appellant to be admitted in evidence?'

Our answer is yes, as to the confession of August 14, 1952.

August 12, 1952, Chester Czernal was shot and killed at his home. August 14, 1952, at about 1:30 p.m., defendant, then 16 years of age, was arrested and taken to police headquarters. After about 4 hours questioning, defendant gave a formal confession to the chief assistant prosecuting attorney in the presence of a stenographer and two detectives. Defendant was alone.

Apparently defendant was then turned over to the juvenile authorities. August 17, 1952, at the juvenile detention home, defendant made another inculpatory statement to 2 officers in the presence of a co-defendant. August 18, 1952, a warrant for defendant's arrest was obtained and August 22, 1952, defendant was taken into juvenile court, which waived jurisdiction.

August 25, 1952, defendant was arraigned in Recorder's Court, and his 10 day trial began in February, 1953. At trial, and over objection, defendant's confession of August 14, 1952 and his inculpatory statement of August 17, 1952 were admitted in evidence. At a...

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